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NEW     ENGLAND 
HISTORIC,   GENEALOGICAL   SOCIETY. 


Is  it  not  lawful  for  me  to  il<>  what  I  will  with  mint  own! — Matt.  \\  :  15. 


HISTORY 


OF    TILE 


West  Roxbury  Park: 


HOW    OBTAINED 


Disregard  of  Private  Rights. 


ABSOLUTE    INJUSTICE. 

Arbitrary  Laws.    Right  of  Eminent  Domain. 

1873  TO  18S7. 


Let  us  consider  the  reason  of  the   case,  for  nothing  is  law  (hat   is   twt 
reason. — Sir  John  Powell. 


GLOUCESTER: 
CAPE   ANN   BREEZE   STEAM   BOOK  AND  JOB    PRINT 

1SS7. 


p 


DEDICATION. 


The  following  pages,  briefly  outlining  Ihe  history  of 
the  West  Roxbury  (now  Franklin)  Pai Is,  ai  e respectfully 
inscribed  to  the  enterprising,  public  spirited  citizens  of 
Boston,  who,  the  writer  is  assured,  will  be  glad  to  know 
something  of  the  modus  oj)tra7idi  by  which  the  lands 
were  secured  for  the  great  public  Park. 

b'.  E.  S.- 

a 


WEST   ROXBURY   PARK. 


Sometime  during  the  spring  of  1873  the  question  of 
establishing  a  system  of  Public  Parks  for  the  city  of 
Boston  was  first  suggested  and  brought  before  the 
citizens,  who  heartily  and  earnestly  approved  the  project. 

It  was  felt  that  a  large  enterprising  city  like  Boston, 
the  metropolis  of  New  England,  possessing  ample 
wealth  and  enjoying  such  a  wide-spread  reputation  at 
home  and  abroad  for  refinement  and  culture,  should 
not  fall  behind  other  noted  cities  of  the  world  in  provid- 
ing for  its  citizens  broad  fields  and  acres  for  a  public 
domain,  where  our  own  citizens  and  strangers  alike 
could  meet  together  with  freedom,  on  common  ground, 
to  breathe  the  pure  air  of  heaven;  to  bask  in  the  health- 
giving  sunshine  of  the  country;  to  enjoy  its  sylvan 
shade,  its  rustic  scenery,  and  the  pleasure  of  friendly 
meetings  and  friendly  greetings. 

The  city  government,  after  a  long  delay  interspersed 
with  hostile  conflicts  and  hard  fought  battles,  finally 
concluded  to  follow  the  example  of  other  thrifty  cities, 
and  commence  a  series  of  public  parks,  to  be  estab- 
lished in  different  parts  of  the  city,  in  order  to  accom- 
modate, and  at  the  same  time  to  satisfy  the  tax  payers 
and  tax  grumblers  in  the  various  sections. 

Thus  was  inaugurated  an  enterprise  worthy  the  high 
standard  Boston  occupies  as  one  of  the  leading  com- 
mercial cities  in  this  country. 


6  HISTOEY    OF    THE 


With  strong  assurances  that  the  citizens  of  Boston 
will  be  interested  to  know  something  of  the  process, — 
the  modus  operandi,  the  scheme  by  which  the  great 
West  Roxbury  Park  lands  were  obtained  for  luxurious 
purposes,  the  indulgence  of  her  own  citizens  and  the 
surrounding  and  rapidly  increasing  population,  —  the 
writer  felt  that  it  became  his  especial  duty,  being  one 
of  the  foremost  movers  in  the  enterprise,  as  well  as 
owning  the  largest  and  most  valuable  interest  within 
the  park  area,  consequently  being  the  largest  sufferer 
by  the  several  seizures,  to  expose  the  cupidity  of  the 
city  government  in  coveting  and  dooming  these  lands, 
and  then  reducing  the  valuations  to  meet  the  small 
appropriation  made  to  pay  for  them. 

There  were  no  doubt  many  obstacles  to  be  overcome 
before  obtaining  the  appropriation,  because  of  the 
opposing  action  of  some  members  who  did  not  favor  the 
park  scheme  from  the  first,  but  finally  voted  for  it 
grudgingly. 

These  members  did  not  choose  to  consider  that  every 
great  public  improvement,  whether  for  practical  utility 
or  for  luxurious  purposes,  gave  instant  employment  to 
a  large  number  of  the  laboring  classes,  thus  creating  a 
ready  demand,  and  at  the  same  time  lessening  the  sup- 
ply, or  surplus,  of  labor-seeking  men. 

They  should  have  borne  in  mind  also,  that  the  monej^ 
spent  in  either  case  comes  out  of  the  pockets  of  the 
capitalists,  or  the  enterprising  middle  classes  mainly, 
and  not  from  those  who  are  struggling  for  their  dail}7 
bread  by  the  work  of  their  hands.  These  are  facts  that 
should  not  have  been  ignored  in  making  a  miserly 
appropriation  at  first. 


WEST   ItOXBURY   PARK. 


Prompted  by  his  conviction,  and  by  assurances  of  good 
will  and  support,  the  writer  at  once  diligently  began  to 
examine  the  unoccupied  fields  and  wooded  hills  in  the 
neighborhood  of  Boston,  especially  those  tracts  of 
massed  lands  within  an  easy  distance  and  conveniently 
accessible  to  the  citizens  by  steam,  horse-cars  or  by 
carriage. 

Such  a  region,  admirably  adapted  for  the  purpose 
was  found  and  approved;  first,  by  its  proximity  to  the 
city;  next,  for  its  nearness  to  the  horse-cars,  or  to  the 
more  rapid  transit  by  steam  power,  both  of  which  con- 
veyances were  located  on  either  side  of  this  great  area, 
and  both  running  at  short  intervals  during  the  day  and 
night,  to  and  from  the  city,  the  fare  being  only  five  cents 
each  way. 

These  frequent  and  cheap  conveyances  were  strong 
inducements  to  encourage  the  selection  of  this  territory 
for  park  purposes,  but  furthermore  the  attractiveness 
was  increased  by  the  charming  locality;  its  undulating 
surface,  composed  of  upland  and  meadow,  hills,  terraces 
and  valleys,  woody  slopes,  copses  and  fields,  all 
embraced  within  an  area  of  366.80  acres,  and  lying 
between  three  and  one-half  and  four  and  one-half  miles 
from  the  City  Hall. 

This  beautiful  tract  of  land,  bounded  northerly  by 
Seaver  street,  easterly  by  Blue  Hill  avenue  and  Canter- 
bury street,  southerly  by  Morton  street,  westerly  by 
Scarborough  street  and  Walnut  avenue,  with  two  cross 
streets  running  through  it,  east  and  west,  was  embraced 
in  twenty-seven  different  lots,  held  by  about  as  many 
different  owners. 

To  see  personally  or  to  communicate  with  these  sev- 


HISTORY    OF    THE 


eral  parties  and  obtain  plans  of  their  estates  was  the 
arduous  work  of  a  whole  winter,  and  to  have  these 
plans  (many  of  them  in  a  ragged  condition,  and  nearly 
all  drawn  on  different  scales,)  so  arranged  as  to  form 
one  large,  perfect  plan  or  map  of  the  whole  area  com- 
plete, was  finally  accomplished  by  the  skill  and  careful 
arrangement  of  William  A.  Garbett,  civil  engineer,  at 
the  writer's  expense.     This  plan  was  dated  April  9, 1874. 

These  preparations  having  been  successfully  accom- 
plished, the  writer  next  called  together  several  of  our 
prominent  citizens,  to  whom  was  presented  the  project 
of  establishing  a  park.  These  gentlemen  were  the 
Hon.  Marshall  P.  Wilder,  Hon.  Alexander  H.  Rice, 
Colonel  William  V.  Hutchings,  and  others  who  were 
known  to  be  interested  in  every  movement  or  suggestion 
looking  to  the  advancement,  prosperity  and  ultimate 
welfare  of  the  city. 

On  the  submission  of  the  plan  to  them,  together  with 
a  letter  descriptive  of  the  location  of  the  property  and 
its  availability  for  park  purposes,  the  project  was  highty 
and  unanimously  commended  and  approved,  and  the 
earnest  hope  expressed  that  the  suggestions  would  be 
speedily  adopted;  and  this  anticipation  finally  became 
a  reality. 

The  following  is  a  copy  of  the  original  letter  which 
was  sent,  with  the  plan  made  by  Mr.  Garbett,  to  the  Park 
Commissioners  as  soon  as  they  were  appointed,  which 
was  in  1875,  together  with  the  names  of  the  several 
owners  of  the  lots  according  to  the  plan  submitted. 
It  will  doubtless  be  of  interest  to  the  public: 


WEST    ROXBURY    PARK.  9 

Boston,  Sept.  6,  1875. 

Messrs.  T.  Jefferson  Cooltdge, 
William  Gray,  Jr., 
Charles  H.  Dalton, 

Park  Commissioners. 

Gentlemen :  —  In  submitting  my  plan  for  one  of  the 
public  parks  now  proposed  for  the  city  of  Boston,  I 
wish  to  call  your  attention  to  the  fact  that,  although 
there  are  twenty-seven  different  lots  of  land  embraced 
within  the  area,  and  nearly  as  many  different  owners, 
scarcely  any  of  them  know  that  such  a  project  is  on 
foot,  my  object  being  to  avoid  expectation  or  an  incen- 
tive that  might  lead  to  speculation. 

I  own  within  this  area  only  476,360  feet  of  land,  but 
I  wish  to  present  to  your  careful  consideration  a  few 
facts  showing  the  advantages  in  the  selection  of  these 
lands,  and  the  beauty  of  their  location  for  one  and  pos- 
sibly the  largest  of  the  several  parks  now  contemplated. 
The  outline  of  these  premises,  as  will  be  seen  by  the 
plan,  commences  with  a  frontage  on  Seaver  street,  about 
3.4  miles  from  the  City  Hall  and  running  back  to  Morton 
street  about  4.5  miles,  bringing  the  whole  of  the  park 
area  within  a  short  and  convenient  distance  from  the 
city.  Taking  the  lines  of  Walnut  avenue  and  Scar- 
borough streets  on  the  west,  and  Blue  Hill  avenue  and 
Canterbury  street  on  the  east,  you  have  in  the  whole 
area  15,946,636  feet  or  366.80  acres,  together  making  a 
well  shaped  area  for  a  park. 

The  particular  advantages  and  attractions  of  this 
locality  will  be  seen  and  appreciated  by  your  commis- 
sion at  a  glance:     the    short   distance  from  the   city, 


10  HISTORY    OF    THE 


which  is  of  primary  importance;  the  comparatively  low 
price  of  the  lands,  especially  as  they  recede  toward 
Morton  street;  the  limited  number  of  valuable  buildings 
and  other  incumbrances  upon  the  premises ;  the  fine  and 
altogether  delightful  means  of  approach  to  it  either  by 
Columbus  avenue  extended  and  Walnut  avenue,  or 
Warren  street  by  carriage,  thus  avoiding  the  face  of 
the  sun  in  driving  out  in  the  afternoon  during  the  hot 
weather,  which,  by  the  way,  may  be  considered  of  much 
importance;  the  proximity  to  a  large  and  rapidly 
increasing  population  in  the  Highlands;  Jamaica  Plain 
in  the  immediate  vicinity,  and  the  old  District  of  Dor- 
chester, and  South  Boston  also,  all  being  within  con- 
venient distances.  Then  the  excellent  facilities  of  get- 
ting to  it  by  steam  or  by  horse  cars;  the  Hartford  and 
Erie  Railroad,  and  the  Grove  Hall  horse  cars  on  one 
side,  and  the  Providence  Railroad  and  Shawmut  avenue 
(now  Washington  street)  horse  cars  on  the  other,  all 
being  within  a  few  minutes  walk,  either  of  which  can 
be  extended  much  nearer  or  even  carried  directly  within 
the  area,  at  a  moderate  expense,  when  required  to  accom- 
modate increasing  numbers  of  visitors. 

These  are  good  and  ample  reasons  for  the  selection 
of  this  particular  site  for  the  chief  of  the  park  system, 
and  they  can  not  fail  to  impress  your  commission  in 
favor  of  it.  Then  withal  it  will  be  difficult  to  find 
within  the  3.4  or  4.5  miles  circuit  of  the  city,  so  large 
a  tract  of  land  and  one  so  beautiful  in  its  undulating 
surface;  such  charming  natural  scenery,  it  being  par- 
tially wooded,  with  an  ample  supply  of  good  water,  and 
possessing  so  many  striking  recommendations* 

The  Austin  Farm,  containing  about  50  acres  border- 


WEST    POXBURY    PARK.  11 


ing  on  Canterbury  street,  already  belonging  to  the  eit}', 
can  also  be  annexed  to  the  park. 

I  have  nothing  more  to  add  except  to  earnestly 
request  your  commission  to  examine  the  premises  care- 
fully, and  would  suggest  that  you  take  a  view  from  the 
two  towers  on  Seaver  street,  giving  a  commanding  view 
of  the  whole  area.  You  can  not  fail  to  admire  the 
beauty  of  the  landscape  and  scenery,  as  well  as  to 
appreciate  the  great  advantages  of  the  location,  and  the 
facilities  of  access  from  the  city  and  vicinity. 

The  city  is  spreading  out  in  every  direction,  but 
nowhere  with  more  certainty  than  toward  West  Rox- 
bury  and  Dorchester. 

Respectfully  submitted, 

SAMUEL  E.  SAWYER. 

JSTames  of  the  Land   Owners. 

No. 


1. 

Eliza  R.  Houghton, 

1,217,763  feet 

2. 

Samuel  B.  Sawyer, 

476,360 

3. 

Horace  B.  Sargent, 

1,750,000 

4. 

Cornelius  M.  Vinson, 

261,360 

5. 

C.  M.  and  T.  M.  Vinson, 

547,828 

(i. 

J.  D.  W.  Williams, 

707,170 

7. 

George  Billings, 

180,300 

8. 

Sarah  Parker, 

133,400 

9. 

J.  D.  W.  Williams, 

207,600 

10. 

Billings  and  Parker, 

58,900 

11. 

Billings  and  Parker, 

103,400 

12. 

Mrs.  M.  B.  Sewall, 

131,000 

13. 

T.  C.  Wales, 

168,529 

14. 

J.  B.  Hildreth, 

1,998,900 

12  HISTORY    OF    THE 


No.  15. 

Jeremiah  Williams, 

186,300  feet. 

16. 

Dr.  W.  E.  Woodward, 

1,136,090 

17. 

Heirs  of  Thos.  C.  Cook, 

1,591,210 

18. 

T.  C.  Wales, 

155,375 

19. 

Charles  Ncwhall, 

753,349 

20. 

J.  P.  Cook, 

606,315 

21. 

John  Fottler, 

917,685 

22. 

Heirs  of  Joseph  Morton, 

431,023 

23. 

Andrew  J.  Peters, 

119,315 

24. 

Andrew  J.  Peters, 

437,025 

25. 

John  Galvin, 

718,030 

26. 

John  Galvin, 

548,725 

27. 

Dr.  W.  E.  Woodward, 

403,884 

15,946,636 

After  preparing  the  plan  and  the  above  letter  describ- 
ing- the  property,  the  writer  became  still  more  deeply 
enlisted  in  the  work :  —  a  project  looking  to  the  inter- 
est, the  comfort  and  the  pleasure  of  every  citizen  of 
Boston,  the  poor  as  well  as  the  rich,  and  especially  with 
a  feeling  of  natural  pride  that  the  old  city  of  Boston 
would  no  longer  stand  behind  other  large  cities  of  the 
world  in  having  a  common  breathing  ground  for  its 
citizens,  nor  her  glory  be  dimmed  by  longer  neglecting 
to  purchase  the  necessary  domain  for  this  purpose. 

The  citizens  may  now  rejoice  together,  and  with 
heart  and  voice  commend  the  work  so  well  advanced, 
(except  the  manner  of  doing  it,)  the  well  chosen  site, 
the  opportunities  that  proved  so  propitious  for  the 
selection  and  purchasing  of  some  of  the  land  required. 
We  can  now  try  to  forget  the  conflicts  and  struggles  of 
the  past  few  years  in  the  city  government;  the  spirit 


WEST    KOXBURY    PA UK.  13 


exercised  and  the  limited  appropriations  made  for  the 
attainment  of  this  grand  municipal  achievement. 

But  amid  all  the  congratulations  and  rejoicings,  the 
writer  can  not  forget  the  great  injustice  done  to  these 
land  owners,  and  the  loud  condemnations  by  those  whose 
property  has  been  ruthlessly  sacrificed,  being  seized  or 
condemned  by  the  commissioners  for  this  magnificent 
park  scheme.  The  property  thus  taken  was  arbitrarily 
cut  down  from  the  former  assessed  valuation  to  about 
twenty  or  twenty-five  per  cent,  of  the  real  or  prospect- 
ive value;  many  of  these  owners  had  not  the  means  to 
contend  or  to  go  to  the  courts  for  redress,  therefore 
they  Avere  obliged  to  submit  to  arbitrary  dictation,  and 
take  what  they  could  get;  the  grinding  price  offered, 
sometimes  being  made,  it  is  alleged,  with  the  remark, 
"take  it  or  leave  it;"  adding  as  a  plausible  excuse  that 
"we  take  your  property  from  you  under  the  right  of 
eminent  domain,"  against  the  will  of  the  owner,  after 
the  wholesale  reduction  in  valuation  by  the  assessors  or 
commissioners,  or  both,  until  the  point  was  reached 
whereby  the  limited  appropriations  would  cover  the  sum 
required,  these  owners  being  sacrificed  for  the  public- 
good. 

The  reader  of  the  above  statements  must  not  lose 
sight  of  an  important  fact  in  connection  with  these 
arbitrary  acts,  that  during  all  these  years  from  1874, 
when  the  public  park  movement  earnestly  began,  the 
park  commissioners  being  appointed  the  following  year, 
when  the  plans  and  the  general  development  of  the 
park  features  were  more  clearly  defined,  these  lands 
were  doomed  or  condemned,  and  not  one  strip  within 
the  area    could   be    advantageously  improved   by   the 


14  HISTORY    OF    THE 


owners  nor  offered  for  sale,  thus  taking  their  property 
in  fact  out  of  the  market.  I  say  that  during  all  these 
years,  running  through  that  dreary  period  of  mercantile 
depression,  the  land  owners  were  obliged  to  pay  their 
taxes  on  this  property  annually,  even  while  it  was  under 
the  clutches  of  the  city  of  Boston ;  not  only  did  they 
pay  these  unrighteous  taxes,  but  many  of  them  whose 
estates  were  encumbered  by  mortgages  were  obliged 
also  to  pay  interest  on  the  same.  In  this  way  thousands 
of  dollars  were  paid  into  the  city  treasury  and  to  money 
lenders,  while  their  property  was  virtually  doomed  and 
tied  up  from  their  control,  thus  robbing  the  pockets  of 
the  land  owners,  and  saving  to  the  city  time,  price, 
interest  and  taxes.  Who  would  believe  that  the  city  of 
Boston,  acme  of  refinement  and  culture,  could  be  gov- 
erned by  such  a  spirit  in  acquiring  a  public  park  for  the 
indulgence  of  its  citizens? 

One  of  these  owners,  a  well  known  merchant  of  Bos- 
ton, who  paid  his  taxes  there  for  more  than  forty  years, 
now  well  advanced  in  years,  possessed  a  section  of  these 
park  lands,  expected  some  time  to  realize  a  handsome 
surplus  over  the  mortgage  incumbrance,  sufficient  to 
place  himself  and  family  in  comfortable  circumstances 
during  his  declining  years.  He  looked  hopefully  upon 
the  constant  and  rapid  growth  of  the  city  and  its  sur- 
roundings in  population  and  wealth,  as  surely  promising 
to  reward  him  for  his  long  and  patient  waiting.  But 
his  property  was  cruelly  taken  from  him  just  as  the 
wave  of  prosperity  and  demand  began  to  move  toward 
his  estate;  for  the  location  of  it  was  such  that  it  would 
first  feel  the  benefit  of  the  advancing  population. 

This  old  gentleman  told  me  after  a  suit  at  law,  which 


WEST    ROXBURY   PARK.  15 

cost  him  a  great  deal  of  hard  labor,  money  and  per- 
plexity, that  alter  paying  his  mortgage  note  of  fifty 
thousand  dollars  he  had  given  upon  it,  and  the  cost  of 
road  improvements,  interest,  taxes  and  other  expenses, 
there  would  not  be  a  dollar  left  for  him. 

This  same  property,  containing  1,217,703  feet,  was 
sold  in  February,  1872  for  18  3-4  cents  per  foot,  or 
$228,3)30.57,  and  it  certainly  ought  to  be  worth  as  much 
now  as  it  was  so  many  years  ago,  allowing  even  lor  the 
speculative  movements  supposed  to  exist  at  that  time. 
The  valuation  by  the  assessors,  however,  was  cut  down 
and  cut  down  until  it  reached  the  shameful  sum  of 
$4:2,600,  when  as  if  their  conscience  smote  them,  it  was 
feebly  raised  ta  $18,400,  and  then  seized  by  the  park 
commissioners;  a  mortgage  of  $50,000  and  other  liens 
then  existing  to  the  extent  of  many  thousands  additional. 
In  1872  the  writer  offered  him  a  large  sum  for  this 
property,  or  ten  cents  per  foot  for  a  part  of  it,  which  he 
prudently  refused  to  accept. 

After  long  and  tedious  efforts  he  found  it  impossible 
to  make  a  satisfactory  settlement  with  the  park  com- 
missioners, and  was  reluctantly  compelled  finally  to 
take  his  cause  into  the  Superior  Court,  this  being  his  only 
redress.  There  he  reasonably  expected  to  obtain  a 
verdict  of  about  18  3-4  cents  a  foot,  or  at  any  rate  a  price 
approximating  thereto,  as  the  evidence  of  some  of  our 
best  merchants  in  the  city  and  competent  real  estate 
experts  warranted  such  a  conclusion. 

He  was  therefore  dragged  through  the  labors,  anx- 
ieties and  perplexities  incident  to  a  court  at  law,  in 
December,  1884,  and  he  obtained  a  verdict  of  $103,232.- 
11,  about  half  the  real  value  of  the  property,  but  more 


16  HISTORY    OF    THE 


than  twice  the  amount  offered  by  the  park  commis- 
sioners, when  he  was  notified  by  the  city  solicitor  that 
he  could  keep  him  out  of  the  money  one  year  at  least, 
threatening  to  apply  for  a  stay  in  arrest  of  judgment, 
and  file  a  bill  of  exceptions,  intending  thereby  to  try  the 
case  over  again,  thus  forcing  the  old  gentleman  to  the 
risk  of  another  trial.  This  was  too  much  for  him,  con- 
sidering the  feeble  condition  of  his  health  and  that  he 
was  indebted  to  others  nearly  the  whole  amount  that 
was  due  to  him,  which  he  desired  to  cancel.  He  was 
finally  pursuaded  to  make  some  concession.  At  this 
stage  in  the  proceedings  he  began  to  negotiate  with  the 
city  solicitor  and  others  of  the  city  government,  and 
after  much  trouble  he  was  compelled  to  give  up  the 
accumulated  interest  of  one  year  and  many  thousands 
of  dollars  before  a  settlement  could  be  effected. 

This  is  a  fair  specimen  of  the  treatment  to  others 
who  had  claims  againt  the  city  for  park  lands;  and  does 
not  the  relation  of  these  facts  make  the  ears  of  all  fair- 
minded  men  tingle,  creating  a  spirit  of  just  indignation? 
The  writer's  experience  in  the  treatment  of  his  own 
property  will  be  given  more  in  detail,  as  follows: 

His  valuable  estate  in  question  lying  on  Walnut  ave- 
nue, (see  park  plan  of  lot  JSTo.  17,)  contains  476,360  feet, 
also  another  large  and  charming  property  on  Walnut 
avenue,  Glenroad,  and  Ravenswood  Park  Circle;  the 
road-ways  included  1,492,510  feet,  both  together  con- 
taining 1,968,870  feet,  in  which  the  writer  has  been 
directly  interested,  or  held  solely  in  his  own  right  for 
more  than  thirty  years,  but  not  for  speculative  pur- 
poses; and  having  cut  up  Monteglade  into  twenty-two 
house-lots,  awaited    the    time    when  the   demand   for 


WEST    ROXBURY    PARK.  17 

elegant  country  dwellings  in  this  lovely  neighborhood 
would  bring  them  naturally  upon  the  market, but  not  by 
forcing  in  anticipation. 

During  the  year  1853  a  contract  was  made  to  con- 
struct Glenroad,  1,345  feet  long  from  Walnut  avenue 
to  the  western  boundary  of  the  estate,  to  be  made  40 
feet  wide,  G  feet  sidewalks  on  each  side,  with  a  good 
stone  culvert  running  through  the  middle  of  the  same, 
and  the  road-bed  substantially  filled  with  two  or  three 
feet  of  stone,  handsomely  crowned  with  fresh  gravel  the 
whole  length,  as  well  as  the  circular  park  road.  These 
were  expensive  avenues,  both  on  account  of  the  land 
required  for  their  construction,  which  was  very  valuable, 
and  the  cost  of  building  them.  When  finished,  190 
thrifty  elms  were  set  out  on  the  borders  of  these  beauti- 
ful avenues,  which  have  required  much  care  and  expense; 
meaning  thus  to  improve  the  beauty  of  these  lands  by 
the  embellishment  of  nature. 

During  the  year  1854  a  continuation  of  Glenroad, 
between  the  western  boundary  of  this  estate  and  Forest 
Hill  street,  a  distance  of  753  feet  by  40  feet  roadway, 
including  6  feet  sidewalks,  was  constructed  in  like  man- 
ner with  the  former  avenues,  taking  30,120  feet  of  land, 
which  was  bought  at  that  time  of  George  William  Bond 
and  paid  for,  which  now  stands  at  over  forty  cents  a 
foot,  receiving  from  him  a  deed  of  the  same.  An  agree- 
ment was  then  made  with  Mr.  Bond  that  he,  or  whoever 
else  might  build  on  this  continuation  of  Glenroad, 
should  have  a  perpetual  right  to  pass  over  this  part  of 
the  road  extending  as  far  up  as  the  division  line,  but  no 
further,  intending  thereby  to  retain  the  control  of  Glen- 
road as  a  private  avenue. 


18  HISTORY    OF    THE 


In  furtherance  of  this  plan  and  in  order  to  preserve 
the  exclusive  legal  right,  control  and  possession  of  this 
road  for  private  uses,  on  Tuesday,  the  ]3th  day  of  May, 
1873,  J.  P.  Shaw,  a  carpenter,  was  employed  and  ordered 
to  erect  two  substantial  wooden  fences  across  Glen- 
road,  one  on  the  Walnut  avenue  entrance  and  the  other 
on  the  western  boundary  line,  as  before  described,  and 
to  have  them  both  so  guarded  as  to  prevent  effectually 
all  passing  over  said  roadway  from  Tuesday  at  1.30 
o'clock  P.  M.  until  Friday  at  9  o'clock  A.  M.,  which 
order  was  faithfully  executed,  according  to  the  certificate 
hereto  annexed,  signed  by  the  guards. 

To  wit:  Alonzo  W.  Sherburne  and  Henry  Wait 
alternately  stood  guard  on  Walnut  avenue  sixty-five 
hours,  and  James  Leary  and  William  Watson  alter- 
nately stood  guard  on  the  western  division  line  sixty- 
seven  and  one-half  hours,  as  appears  by  the  certificate. 

May  16,  1873. 
I  the  subscriber  on  oath  depose  and  say,  that  at  the 
request  of  Samuel  E.  Sawyer  and  James  Haughton, 
owners  of  the  Sumner  Farm,  so  called,  in  West  Roxbury, 
I  built  two  fences  across  the  private  way  owned  by 
them,  called  Glenroad,  which  leads  over  said  farm  from 
Walnut  street  in  a  westerly  direction  towards  Forest 
Hill  street.  Both  of  these  fences  were  completely  fin- 
ished as  early  as  half  past  one  o'clock  on  the  afternoon 
of  May  13th,  and  they  remained  standing  until  the  Fri- 
day following  at  nine  o'clock  A.  M.,  when  they  were 
taken  down  and  piled  up  by  my  order.  One  of  these 
fences  was  built  across  the  road  near  Walnut  street,  and 
the  other  near  the  end  of  the  road  toward  Forest  Hill 


WEST    POXBURY    PAEK.  19 

street.  They  were  substantial  in  character,  and  intended 
to  prevent  all  passage  from  May  13th  at  1.30  o'clock 
P.  M.,  until  May  lGth  at  9  o'clock  A.  M. 

In  order  to  protect  the  fences  from  injury  and  more 
effectually  to  prevent  all  passage,  a  guard  was  placed 
at  each  fence.  At  the  fence  next  Forest  Hill  street 
James  Leary  was  stationed  on  May  13th,  Tuesday,  and 
stood  guard  from  1.30  o'cloek  P.M.  till  G.30  o'clock 
P.  M.,  when  he  was  relieved  by  William  Watson,  who 
stood  on  guard  from  that  time  till  5.30  A.  M.  Wednes- 
day, the  14th  of  May,  when  Leary  ]  elieved  him  and  stood 
on  guard  till  G.30  P.  M.,  when  Watson  again  relieved 
him  and  stood  on  guard  till  7.30  o'clock  A.  M.,  May 
15th,  Thursday,  when  Leary  again  relieved  him  and 
stood  on  guard  till  6.30  o'clock  P.  M.,  when  Watson 
relieved  him  for  the  last  time  and  stood  on  guard  till 
9  o'clock  A.  M.,  May  16,  Friday,  when  the  fence  Avas 
taken  down. 

In  a  similar  way  the  fence  next  Walnut  street  was 
continuously  guarded  from  the  time  of  its  erection,  May 
13th  at  1.30  o'clock  P.  M.,  until  it  was  taken  down  and 
piled  up,  May  16th  at  9  o'clock  A.  M.,  by  Alonzo  W. 
Sherburne  and  Henry  Wait,  except  only  for  the  space 
of  one  hour,  viz.,  between  the  hours  of  four  and  five 
o'clock  on  Wednesday  A.  M.,  during  which  hour  the 
fence  was  unguarded  but  remained  standing. 

In  witness  whereof  I  have  set  my  hand. 

Signed,  Joseph  P.  Siiaav. 

Witness,  Alden  Bartlett. 


20  HISTORY    OF    THE 


Commonwealth  of  Massachusetts. 

Suffolk,  ss.  Boston,  January  21,  1874. 

Then  personally  appeared  the  above  named  J.  P. 
Shaw,  and  solemnly  swore  that  the  above  statement  by 
him  subscribed,  so  far  as  it  states  facts  within  his  own 
knowledge  was  true,  and  so  far  as  it  states  all  other 
facts  was  true  according  to  his  best  knowledge  and 
belief. 

Before  me,  Alden  Bartlett, 

Justice  of  the  Peace. 

May  16,  1873. 

Each  of  the  undersigned  being  a  person  mentioned 
as  a  guard  in  the  foregoing  statement,  do  on  oath 
depose  and  say,  that  each  and  all  of  the  facts  therein 
set  forth  in  relation  to  his  acts  and  doings  are  true,  and 
that  during  the  times  he  was  on  guard  at  the  fence,  as 
described  in  the  foregoing  statement,  there  was  no 
passage  of  any  vehicles  or  persons  over  Glenroad. 

In  witness  whereof  we  have  hereto  set  our  hands. 
Witness,  Signed,  James  Leary, 

Alden  Bartlett,  (tow.^.fd  William  Watson, 

J.  B.  Finn,  (to  a.  w.  so  A.  W.  Sherburne. 

Commonwealth  of  Massachusetts. 

Suffolk,  ss.  Boston,  January  21,  1874. 

Then  personally  appeared  the  above  named  James 
Leary,  William  Watson  and  A.  W.  Sherburne  and  sev- 
erally solemnly  swore  that  the  above  statements  by  them 
subscribed  were  true. 

Before  me,  Alden  Bartlett, 

Justice  of  the  Peace. 


WEST   ItOXBURY   PARK.  21 

Boston,  January  26,  1874,  at  12.05  P.  M. 
Received  and  entered  with  Suffolk  Deeds,  Lib.  1195, 
Fol.  158. 

Attest:  P.  Temple, 

Register. 

This  charming  property  through  which  the  Glenroad 
runs  contains  1,492,510  feet  of  land,  embracing  the  most 
diversified  and  picturesque  scenery  to  be  found  any- 
where in  the  vicinity  of  Boston ;  on  one  side  a  large 
tract  of  thrifty  forest  trees  with  natural  walks  diverging 
from  the  main  avenues,  and  leading  to  the  southern  and 
western  terraces;  one  overlooking  the  village  of  Jamaica 
Plain  in  the  foreground,  with  its  towers,  steeples  and 
dwellings,  and  distant  views  of  the  city  of  Boston  and 
the  neighboring  towns;  and  from  the  southern  terrace  a 
fine  view  of  the  far  outstretching  landscape  and  valley, 
dotted  with  cottages  and  church  spires,  to  the  enchant- 
ing hills  of  Milton,  slumbering  in  their  dreamy  blue 
atmosphere.  The  frontage  of  these  several  avenues, 
including  Ravenswood  Park  circle,  measures  nearly  six 
thousand  feet;  to  be  exact,  just  5,814  1-2  feet.  Since 
Glenroad  was  made,  a  number  of  dwelling  houses  have 
been  erected,  and  quite  a  handsome  village  has  sprung 
up  on  that  and  the  new  cross  streets,  particularly  on 
Sigourney  and  Robeson,  where  land  has  been  sold  at 
from  25  to  35  cents  a  foot,  and  higher  prices  are  de- 
manded for  house  lots  in  that  vicinity. 

Ravenswood  Park  circular  road  was  built  also  in 
1853.  It  is  893  feet  long,  at  the  entrance  38  feet,  and, 
in  the  circle  32  feet  wide,  with  five  feet  sidewalks,  and 
like    Glenroad,   it  was    substantially   constructed   and 


22  HISTORY    OF    THE 


crowned  with  gravel.  This  lovely  estate  called  Mont- 
glade  was  well  laid  ont  by  Alexander  Wads  worth  into 
twenty-two  house  lots  numbered  from  2  to  23,  the  con- 
tents of  each  running  from  20,460  to  219,580  feet,  and 
a  plan  made  of  the  same.  The  lots  were  intended 
mainly  for  building  large  and  elegant  dwellings;  the 
charming  locations  on  Glenroad  and  some  on  Walnut 
avenue  are  worth  at  least  50  cents  a  foot;  they  are  all 
within  six  or  eight  minutes'  walk  from  the  steam  cars 
at  the  Green  street  station,  on  the  Providence  Railroad, 
whose  trains  run  about  fifty  times  during  the  day  and 
evening,  the  fare  being  only  5  cents.  The  horse  cars 
on  Washington  street,  about  half  the  distance,  run 
every  fifteen  or  twenty  minutes,  the  fare  being  the 
same,  so  that  the  accommodations  are  ample. 

To  give  an  idea  of  the  value  of  land  in  the  neighbor- 
hood, the  writer  will  enumerate  certain  sales  that  have 
been  made,  either  by  public  auction  (which  is  an  uncer- 
tain criterion  of  actual  value,  as  these  sales  are  often 
forced,)  or  private  sale;  of  the  latter,  several  sales  have 
been  made  of  lots  adjoining  on  Glenroad,  Sigourney 
and  Robeson  streets,  at  25  to  35  cents  a  foot,  and  higher 
prices  are  now  asked;  on  Forest  Hill  street,  25  to 
27  1-2  cents;  on  Walnut  avenue  25  cents  was  refused; 
the  city  paid  for  a  school  house  lot  on  Egleston  square 
38  1-2  cents;  on  Rockland  street  a  number  of  lots  were 
sold  at  22  to  40  cents;  on  Bird  and  Magnolia  streets 
25  to  28  1-2  cents;  on  Aniory  and  School  streets  50 
cents.  The  Williams  estate  on  Walnut  avenue,  Hum- 
boldt street  and  neighborhood,  was  sold  at  auction  at 
from  18  to  41  cents,  also  on  Sigourney  and  Robeson 
streets,  at  15  to  30  cents  —  forced  sales  at  auction,  and 


WEST    ROXRURY    PARK.  23 


out  of  season  —  and  besides  these  sales,  the  city  bought 
on  Walnut  and  Sigourney  streets  a  large  lot  at  28  cents 
a  foot,  adjoining  my  property;  on  Blue  Hill  avenue  at 
21  cents,  and  on  Ruthven,  Crawford,  Harold,  Humboldt, 
Seaver  and  Walnut  streets,  a  great  many  sales  have 
been  made  at  auction,  the  prices  ranging  from  17  1-2 
to  40  cents  or  more.  Even  higher  prices  than  these  are 
demanded  for  lots  on  Elm  Hill  and  vicinity. 

The  rise  and  appreciation  of  real  estate  near  by,  when 
favorably  situated,  may  be  shown  by  the  prices  often 
paid  over  the  assessors'  valuations:  the  city  paid  for  one 
lot  $30,000,  which  was  assessed  at  $ 4,700;  for  another 
lot  for  the  Marine  Park  at  South  Boston,  taxed  on 
$7,400,  the  owner  obtained  $20,635;  and  for  still  another 
lot  taxed  on  $14,800  the  city  was  obliged  to  pay 
$55,125.11.  These  real  estate  transactions  are  sufficient 
to  convince  any  conscientious,  fair-minded  men  that 
there  is  a  positive  value  in  real  property. 

The  low  boggy  lands  beyond  Monteglade  and  ISTew- 
stead,  running  down  to  Forest  Hill  street  southwesterly, 
and  along  on  Morton  and  Canterbury  streets,  would 
bear  no  comparison  with  the  charming  uplands  embrac- 
ing Monteglade  and  Newstcad,  no  more  than  a  coarse 
piece  of  bagging  would  compare  in  value  with  a  fine 
piece  of  silk  or  satin. 

The  following  letter  was  written  to  the  chairman  of 
the  Park  Commissioners  on  learning  that  they  thought 
of  condemning  Monteglade: 

Boston,  November  4,  1875. 
T.  Jefferson  Coolidge,  Esq.  : 

Dear  Sir: — I  have  seen  by  Mr.  Keith's  plan  which 


24  HISTORY    OF    THE 


you  now  have  under  consideration,  that  you  are  enter- 
taining the  idea  of  taking  possession  of  the  western  side 
of  Walnut  avenue,  embracing  the  whole  of  Montglade, 
including  Ravenswood  Park,  containing  1,492,510 
square  feet  of  land.  The  writer  in  his  great  anxiety 
hereby  gives  you  this  early  notice  that  he  will  strenu- 
ously object  and  herein  remonstrates  against  the  seizure 
of  this  valuable  property,  intending  to  hold  it  at  present 
to  be  sold  in  lots  for  elegant  dwellings;  and  moreover, 
the  price  I  should  demand  for  it  would  be  a  great  deal 
more  than  the  city  can  afford  to  pay  for  park  purposes; 
and  besides  it  contains  inexhaustible  ledges  of  great 
value,  which  are  so  well  adapted  for  the  construction 
of  culverts,  cellar- walls,  foundations,  the  filling  of  road- 
beds and  the  natural  faces  are  very  valuable  for  the 
construction  of  public  or  private  buildings.  The  prox- 
imity to  the  Providence  Railroad  would  render  the 
teaming  a  moderate  expense,  and  after  disposing  of  the 
stone  the  land  would  bring  as  much  as  before. 
Respectfully  yours, 

Samuel  E.  Sawyer. 
Chairman  Park  Commission. 

Circular —  Stone  or  Ledges  for  Sale. 

The  undersigned  would  call  the  attention  of  con- 
tractors and  builders  to  the  inexhaustible  ledges  on 
Walnut  avenue  and  Glcnroad,  near  Green  street  station, 
about  3  1-2  miles  from  the  city,  where  stone  can  be 
conveniently  quarried  for  foundations,  culverts,  cellar- 
walls,  highways,  and  the  natural  faces  for  buildings. 
Address,  Samuel  E.  Sawyer,  Boston. 


WEST    ROXBUKY    PARK.  25 

Another  Latter  to  the  Pari'  Commissioners. 

Messrs.  T.  Jefferson  Cooltdge, 
William  Gray,  Jr., 
Charles  IT.  D Alton, 

Park  Commissioners. 

Gentlemen:  —  In     answer    to     your   communication 

authorizing  yon  to  obtain  bonds  for  such  tracts  of  land 
as  you  have  selected  for  the  Public  Parks  for  the  city 
of  Boston,  I  have  only  to  say  that  while  meeting  with 
heavy  losses  by  the  great  fire,  together  with  large 
shrinkages  in  the  value  of  other  properties,  I  have  still 
confidently  felt  that  my  real  estate,  now  temporarily 
depressed,  will,  by  its  certain  advance  in  value  by-and- 
by,  serve  to  restore  in  part  these  depreciations. 

The  wealthy  city  of  Boston,  with  its  already  large 
and  constantly  increasing  population  and  wealth,  can 
not  expect  me  to  sacrifice  my  valuable  estate  for  park 
purposes,  nor  shall  I  consent  to  be  thus  doomed,  or  in 
other  words  robbed  of  my  property. 

These  lands  of  mine,  embraced  within  the  area  of  the 
lines  on  the  park  plan,  are  admitted  by  everybody  who 
knows,  to  be  more  charmingly  diversified  than  any 
others,  and  may  well  be  considered  the  gems  of  all  the 
park  grounds;  in  fact  they  form  a  lovely  park  in 
miniature  already  within  their  own  area,  requiring  but 
little  or  no  expenditure  for  embellishment. 

It  cost  me  the  diligent  labor  of  a  whole  winter,  be- 
sides the  expense  in  preparing  the  original  plan  of  the 
anticipated  park,  embracing  27  different  lots,  or  360.80 
acres,  not  dreaming  that  more  land  than  this  would  be 
required,  on  account  of  the  greater  value. 


26  HISTORY    OF    THE 


It  seems  that  you  have  adopted  identically  the  plan 
I  submitted,  which  I  feel  is  complimentary  to  my  judg- 
ment and  taste,  but  I  can  not  consent  to  the  bonding 
or  the  parting  in  any  way  at  present  with  Montglade, 
as  it  is  the  chief  gem  for  elegant  private  dwellings  of 
all  the  estates  around  Boston. 

The  lot  of  land  on  the  eastern  side  of  Walnut  avenue, 
called  Newstead,  being  numbered  17  on  the  park  plan, 
was  sold  to  a  party  in  February,  1872,  at  18  3-4  cents 
per  foot,  while  another  stood  ready  to  negotiate  at 
about  the  same  price.  Now  by  adding  interest  and 
taxes  to  the  present  time  (Sept.  20,  1876)  it  will  stand 
to  cost  28  cents  a  foot,  or  $133,380.80. 

The  city  of  Boston  can  purchase  this  strip  of  land  by 
paying  a  fair  equitable  compensation  for  practical  public 
uses,  or  it  may  be  seized  under  the  arbitrary  right  of 
eminent  domain  for  luxurious  purposes  as  well,  but  con- 
scientious citizens  would  scarcely  enjoy  roaming  or 
driving  over  these  lovely  grounds,  knowing  that  they 
had  been  wrung  from  the  owner  at  one-fifth  of  their 
value. 

This  lot,  containing  476,360  feet,  I  shall  be  willing  to 
part  with  at  a  fair  price,  in  order  to  facilitate  the  accom- 
plishment of  the  park  project,  but  you  can  not  reason- 
ably expect  me  to  sell  this  property  at  bankrupt  prices. 
JSTo,  I  prefer  to  hold  these  estates  until  another  wave  of 
prosperity  reaches  us;  and  moreover,  I  consider  it  a 
sacred  privilege  to  do  with  my  lands  as  a  merchant 
would  wisely  do  with  his  merchandize  when  the  market 
is  depressed;  viz.,  to  wait,  and  store  his  cargo  till  the 
prices  improve. 

My  charming  estate  on  the  western  side  of  Walnut 


WEST    ROXRURY    PARK.  '27 

avenue,  called  Montglade,  containing  1,492,510  square 
feet,  is  not  only  lovely  in  its  natural  scenery  and  pictur- 
esque beauty,  but  it  contains  a  fine  forest  and  inexhaust- 
ible ledges  that  will  some  time  prove  to  be  a  treasure. 
If  the  city  of  Boston  want  these  choice  lands  for  a  public 
park,  it  ought  to  be  willing  to  pay  handsomely  for  them, 
or  else  let  them  alone.  Precious  gems  must  command 
corresponding  prices.  I  ask  no  favors.  The  population 
is  now  spreading  out  in  a  southerly  direction,  and  these 
attractive  sites  with  all  their  facilities  of  access  will  soon 
draw  to  them  the  growing  population.  These,  gentle- 
men, are  my  reasons  for  not  bonding  this  elegant  estate 
to  the  city. 

Respectfully  yours, 

Samuel  E.  Sawyer. 
Philadelphia,  Sept.  20,  1876. 

On  the  25th  day  of  November,  1879,  the  writer,  at 
the  earnest  solicitation  of  an  agent  authorized  by  the 
city  government,  consented,  very  much  against  his 
wishes,  to  give  a  bond  to  expire  on  the  next  first  day  of 
January,  that  he  would  sell  the  following  described  lot 
of  land  called  JSTewstead,  on  the  eastern  side  of  Walnut 
avenue,  for  the  sum  of  eighty  thousand  dollars.  To 
wit:  Beginning  on  Walnut  avenue  at  land  of  Eliza  P. 
Haughton,  and  running  by  her  line  to  land  formerly 
belonging  to  Horace  Binney  Sargent,  thence  by  said 
Sargent's  line  to  land  of  Jacob  Fottler  to  Walnut 
avenue,  thence  by  Walnut  avenue  to  the  point  of  begin- 
ning, containing  476,360  feet. 

Signed,  Samuel  E.  Sawyer. 

Witness,  Charles  W.  Cram. 


28  HISTORY    OF    THE 


This  bond  expired  on  the  first  day  of  January,  1880, 
without  effect,  and  the  writer  was  very  glad  of  it,  as  it 
was  bonded  for  $9,317.50  less  than  the  same  property 
was  sold  for  in  February,  1872. 

Park  Department,  > 

Boston,  December  21,1881.  S 

Samuel  E.  Sawyer,  Esq.: 

Dear  Sir: —  The  following  order  has  been  passed  by 
the  City  Council: 

Ordered,  That  the  City  Treasurer  be  and  is  hereby 
authorized  to  borrow,  under  direction  of  the  Committee 
on  Finance,  the  sum  of  six  hundred  thousand  dollars; 
the  bonds  or  certificates  of  debt  to  be  issued  in  nego- 
tiating this  loan  to  be  denominated  on  the  face  thereof 
"The  Public  Park  Loan,"  and  to  bear  such  rate  of 
interest  as  the  Committee  on  Finance  shall  determine, 
and  the  Commissioners  are  hereby  authorized  to  expend 
said  sum  for  the  taking  in  fee,  by  purchase  or  otherwise, 
for  the  purpose  of  a  public  park,  lands  to  the  amount  of 
six  hundred  thousand  dollars,  in  assessed  valuation, 
within  the  limits  of  the  proposed  West  Koxbury  Park. 

As  land  owned  by  you  is  within  the  limits  where  the 
park  will  probably  be  located,  the  Commissioners  would 
be  glad  to  see  you  at  this  office  between  10  and  12 
o'clock  A.  M.,  at  as  early  a  day  as  may  suit  your  con- 
venience. 

Yours  truly, 

George  F.  Clark, 

Sec'y  of  the  Board. 


WEST    KOXBURY    PARK.  29 

Iii  answer  to  this  summons  I  called  and  saw  one  of 
the  Commissioners,  who  proposed  to  settle  with  me  by 
adding  25  per  cent,  to  the  assessed  valuation  of  thai 
year,  it  being  $28,600,  which  with  the  25  per  cent,  would 
have  made  the  amount  $35,750.  This  I  at  once  declined, 
saying  that  this  small  sum  for  Newstead  was  a  great 
deal  less  than  the  property  was  worth,  it  having  been 
sold  in  good  faith  eleven  years  before  at  $89,317.50,  but 
that  I  was  still  open  to  further  negotiations. 

I  heard  no  more  from  them  till  they,  or  the  assessors, 
or  both,  had  cut  the  valuation  down  to  the  incredible 
sum  of  $18,600,  and  then  had  the  audacity  to  inform 
me  that  they  had  seized  it. 

We  certainly  need  no  further  evidence  to  show  to  the 
citizens  and  the  public  that  an  unscrupulous  spirit  was 
exercised  by  somebody  representing  the  city  govern- 
ment in  so  undervaluing  property,  in  order  to  make 
the  insignificant  appropriation  of  $600,000  suffice  to 
secure  for  the  public  park  $2,000,000  worth  of  property, 
and  I  doubt  if  such  an  instance  of  overbearing  injustice 
and  down-right  oppression  can  be  found  in  any  other 
city  in  the  world. 

"Who  could  believe  that  all  these  several  pieces  of 
real  property,  as  shown  by  my  first  great  plan,  embrac- 
ing 366.80  acres,  could  have  been  fairly  and  honestly 
cut  down  in  valuation  from  $1,136,900  in  1875  to  $532,- 
200  in  1879!  But  such  was  the  fact,  and  then,  forsooth, 
it  was  condemned, — doomed  for  the  great  West  Rox- 
bury  Park.  Such  an  outrage  ought  to  bring  a  blush  to 
the  cheek  of  every  honest  citizen  of  Boston. 

The  next  communication  received  from  the  Park 
Commissioners  was  as  follows: 


30  HISTORY    OF    THE 

Park  Department,     > 
Boston,  June  4,  1883.  ) 
Samuel  E.  Sawyer,  Esq.  : 

Sir:  —  By  an  act  of  this  Board  passed  May  25th  a 
public  park  was  located  and  laid  out  in  the  city  of 
Boston,  by  taking  lands  belonging  to  several  persons 
and  parties,  whereby  two  certain  parcels  of  land  belong- 
ing to  Samuel  E.  Sawyer,  as  appears  by  said  act;  and 
the  Board  having  estimated  all  the  damages  sustained 
by  the  said  Samuel  E.  Sawyer  by  the  said  taking  to  be 
$18,600,  I  hereby  notify  you  of  the  same. 
Respectfully, 

George  F.  Clark, 

Secretary. 

In  reply  to  the  above  significant  insult,  I  sent  the 
following  letter  forthwith  to  the  commissioners: 

Boston,  June  8,  1883. 
Messrs.  Charles  H.  Dalton, 
William  Gray,  Jr., 
Henry  Lee, 

Park  Commissioners. 
Gentlemen: — I  am  officially  advised  by  your  Secre- 
tary, George  F.  Clark,  that  by  a  vote  of  your  Board  on 
the  25th  ultimo,  you  have  taken  two  parcels  of  my  land 
within  the  "West  Poxbury  Park  area,  and  furthermore, 
that  all  damages  are  estimated  by  you  at  $18,600. 

Surprise  and  indignation  are  but  feeble  words  to 
express  the  thoughts  that  stirred  me  on  reading  of  this 
shameful  act  of  injustice.  On  referring  to  my  tax  bills 
paid  during  the  last  ten  years,  I  find  the  assessed  valu- 


WEST    ROXBUKY    PARK.  31 


ations  of  this  property  as  follows,  and  taxed  accord- 
ingly: Lot  No.  17,  470,360  feet,  1874  on  $42,900; 
1875  on  $37,100;  1870  on  $33,300;  1881  on  $28,600; 
and  now  the  time  having  come,  and  the  land  being 
wanted  for  park  purposes,  it  is  seized  under  the  cut 
down  tax  of  1883  for  $18,600,  a  reduction  of  $24,300 
since  the  park  was  projected,  and  $10,000  reduction 
since  1881.  This  transaction  is  criticised  by  everybody 
as  an  extraordinary  exercise  of  arbitrary  power,  to  be 
condemned  by  all  good  citizens. 

If  you  wish  to  negotiate  amicably  for  this  valuable 
estate,  the  assessed  valuation  must  first  be  restored  by 
at  least  $12,000  or  even  $15,000,  before  I  shall  consent 
to  listen  to  any  further  proposition.  My  desire  is  to 
deal  fairly  and  honorably  with  not  only  the  Park  Com- 
missioners but  with  everybody  else,  and  I  shall  expect 
and  insist  upon  being  treated  in  the  same  way  by  you, 
as  the  representatives  of  the  city  of  Boston. 

In  reviewing  the  history  and  incidents  of  the  public- 
park  scheme  from  its  inception,  ten  years  ago,  you  will 
find  that  I  have  the  honor  of  being  one  if  not  the  chief 
mover  at  that  time,  and  I  heartily  worked  in  preparing 
the  great  plan,  and  in  promoting  the  final  consumma- 
tion of  the  grand  project,  not  dreaming  that  my  property 
would  be  taken  at  20  per  cent,  of  its  value.  The  first 
park  plan  was  arranged  and  paid  for  by  me;  it  cost 
much  time  and  money.  After  your  appointment  as  the 
commissioners,  the  plan,  together  with  my  letter  relating 
to  it,  were  both  sent  to  you,  and  you  have  adopted  the 
main  lines  and  features  as  then  suggested,  embracing 
the  whole  area  of  366.80  acres.  Within  this  area  1  own 
only  476,360  feet,  the  handsomest  swell  of  land  to  be 


32  HISTORY    OF    THE 


found  east  of  Walnut  avenue.  In  1872  it  was  held  at 
22  1-2  cents,  but  finally  sold  at  an  offer  of  18  3-4  cents 
a  foot;  the  party,  after  some  delay,  not  fulfilling  his 
agreement,  it  was  decided  to  hold  it. 

Now  nothing  is  more  certain  than  that  all  the  availa- 
ble lands  in  the  vicinity  of  a  growing  city  like  Boston 
will  gradually  advance  in  price  and  will  so  continue  as 
the  population  increases.  These  lands  were  indeed 
wisely  chosen  for  the  public  park,  but  it  must  be  remem- 
bered that  many  of  them  are  very  valuable  also  for 
dwellings,  and  they  are  the  first  to  come  into  the  market 
as  unimproved  locations. 

After  waiting  all  these  years  through  business  de- 
pressions, all  the  time  losing  interest  and  paying  taxes, 
then  came  the  long  looked  for  day  of  improvement  in 
values;  and  while  the  patient  owners  are  anticipating 
the  benefits  of  better  times,  you  seize  their  property  at 
a  moiety  of  its  value  with  a  firm  grip,  for  the  indulgence 
and  enjoyment  of  the  citizens. 

If  the  city  of  Boston  wishes  to  indulge  in  the  luxury 
of  a  park  or  parks,  why  not  do  justice  to  the  owners  of 
these  lands,  and  pay,  without  jewing,  a  fair  equitable 
price  for  them,  but  not  act  with  such  a  miserly  spirit  in 
making  the  appropriation?  Six  hundred  thousand  dol- 
lars can  not  be  made  to  pay  for  property  worth  two 
millions  of  dollars  without  sacrificing  the  owners. 

On  looking  over  one  of  the  Park  Reports  I  was  sur- 
prised to  find  the  names  of  some  of  our  worthy  citizens 
attached  to  a  petition,  dated  November  29, 1879,  urging 
the  Commissioners  to  secure  park  lands  at  once:  "Be- 
cause the  lands  required  for  the  West  Roxbury  Park 
can  be  obtained  at  far  less  prices  than  hereafter,  as  real 


WEST    ROXBURY    PARK.  33 

property  is  beginning  to  feel  the  influence  of  the  revival, 
which  is  showing  itself  in  all  business." 

Now  I  would  simply  like  to  ask,  who  are  best  entitled 
to  the  benefits  of  this  revival?  the  rich  eity  of*  Boston. 
or  the  patient  owners  of  this  property?  We  all  know 
what  the  honest  reply  would  be. 

I  happen  to  know  parties  who  thought  themselves,  at 
first,  very  fortunate  in  owning  these  lands  now  wanted 
by  the  city,  hoping  thereby,  after  so  long  waiting,  to  be 
able  to  realize  a  fair  price  for  their  property;  but  after 
many  conflicts  and  sore  disappointments,  they  were 
driven  to  dispair  by  the  beggarly  spirit  exhibited,  and 
by  the  seizure  of  their  property  at  undervaluations,  and 
then  offering  a  small  compensation,  leaving  some  parties 
largely  in  debt. 

I  know  whereof  I  write,  for  I  have  offered  in  one 
instance  ten  cents  a  foot  for  the  same  land  the  com* 
missioners  have  taken  at  less  than  four  cents  a  foot,  and 
the  party  refused  to  accept  my  offer. 

Again,  a  bonafide  offer  of  one  hundred  thousand  dol- 
lars was  made  for  a  parcel  of  land,  which  was  declined ; 
afterwards  the  assessed  valuation  was  cut  down  to 
$42,600,  and  condemned  by  the  commissioners  for  park 
purposes.  Do  you  not  think  this  sharp  practice?  I  do 
hope  the  officials  will  soon  realize  the  injustice  of  these 
acts  of  confiscation,  or  that  the  citizens  may  be  informed, 
before  they  indulge  in  the  luxurious  enjoyment  of  parks, 
how  they  were  obtained. 

Another  party  was  offered  four  hundred  thousand 
dollars  for  his  estates,  which  he  refused  to  accept; 
this  property  was  afterwards  cut  down  to  $60,000,  and 
finally  the  commissioners  settled  for  it  at  about  $80,000, 


34  HISTORY    OF    THE 


because  the  parties  therein  interested  were  unwilling  to 
go  into  Court. 

Again,  a  charter  was  granted  to  the  Highland  Horse 
Railroad,  when  the  question  was  often  asked,  "  Why  do 
they  defer  putting  down  the  rails  on  Walnut  avenue?" 
the  reason  being  given  that  it  was  because  the  park 
lands  would  thus  be  enhanced  in  value,  costing  the  city 
a  few  dollars  more.  The  records  show  that  four  and 
even  seven  times  the  taxed  valuation  was  paid  for  lands 
in  South  Boston  for  the  marine  park. 
Respectfully  yours, 

Samuel  E.  Sawyer. 

Not  hearing  from  the  Park  Commissioners  in  reply 
to  my  letter  of  June  8,  I  wrote  the  following  note : 

Gloucester,  July  5,  1883. 

Gentlemen: — Before  taking  another  step  which  must 
be  necessarily  an  important  one,  I  wish  to  hear  from 
the  commissioners,  and  I  should  be  glad  to  know  that 
Col.  Lee  has  also  read  my  last  letter  dated  the  8th 
ultimo,  and  then  to  know  your  conclusions  in  regard  to 
my  claim  for  ISTewstead,  Lot.  17,  on  the  eastern  side  of 
Walnut  avenue. 

I  shall  be  exceedingly  sorry  to  enter  my  demand 
against  the  city  in  the  court,  costing  me  so  much  vex- 
ation, labor  and  expense.  It  must  be  borne  in  mind 
that  this  estate  is  altogether  the  handsomest  parcel  of 
land  on  the  eastern  side  of  Walnut  avenue. 
Respectfully  yours, 

Samuel  E.  Sawyer. 

Park  Commissioners. 


WEST    ROXBURY    PARK.  35 


Department  of  Parks,        \ 
City  of  Boston,  July  9,  1883.  ] 


Samuel  E.  Sawyek,  Esq.  : 

Sir: — Your  communication  of*  June  8th  was  consid- 
ered at  a  full  meeting  of  the  Board  held  this  morning. 
While  the  Commissioners  regret  the  necessity  of  an 
appeal  to  a  jury,  as  you  suggest,  they  think  that  with 
such  difference  of  opinion  as  to  the  value  of  the  land  in 
question,  it  will  probably  be  the  most  satisfactory  method 
of  settlement  for  both  parties. 

Yours  respectfully, 

Charles  H.  Daltox,  Chairman. 

Still  dreading,  and  with  a  strong  disinclination  to  seek 
redress  by  litigation,  I  again  wrote  on  the  28th  inst.  the 
following  note,  which  shows  conclusively  how  much  I 
regretted  the  necessity  of  being  forced  into  court,  and 
the  strenuous  efforts  I  made  to  keep  out  of  it.  To  the 
Park  Commissioners  this  was  no  bugbear,  because  they 
have  the  machinery  of  the  Law  Department,  always  in 
good  working  order,  constantly  at  hand. 

Brookbank,  Gloucester,  July  28,  '83. 

Charles  H.  Daltox,  Esq., 

Chairman  Board  of  Park  Commissioners: 

Dear  Sir: — I  have  now  to  own  the  receipt  of  your 
note  of  the  9th  inst.  in  reply  to  mine  of  June  8th.  Since 
receiving  your  note,  I  have  made  careful  enquiries  of 
competent  men  from  abroad,  and  of  friends  at  home,  and 
gladly  find  but  one  opinion  in  regard  to  the  exercise  of 
the  arbitrary  power  of  the  right  of  eminent  domain,  the 


36  HISTORY   OF    THE 


right  of  taking  private  property  for  public  uses,  and  that 
in  all  cases  where  property  is  so  condemned  against  the 
will  of  the  owner,  either  by  municipal  corporations  or 
by  other  parties,  a  fair,  equitable  compensation,  if  not  a 
liberal  one,  is  always  allowed  to  the  owners  of  such 
property,  instead  of  the  mean  spirit  shown  in  under- 
valuing my  land  to  less  than  bankrupt  prices,  and  then 
seizing  it  without  the  exercise  of  justice  or  mercy. 

In  setting  your  own  prices  upon  my  property  you  do 
me  a  great  wrong,  if  3^011  allow  yourselves  to  be  gov- 
erned by  the  forced  sales  recently  made  by  the  poor 
victims  who  were  obliged  to  submit  to  dictation  because 
they  dreaded  an  action  in  Court,  and  could  not  afford 
the  expense  of  defending  their  just  rights. 

I  am  informed  that  the  rights  of  private  citizens  are 
always  respected  in  such  cases,  either  abroad  or  at  home, 
especially  when  they  yield  unwillingly  their  property 
for  the  public  good,  but  I  find  no  such  recognition  in 
my  experience  with  the  Park  Commissioners,  but  that 
my  sacred  rights  are  trampled  upon  without  mercy,  and 
my  wishes  are  entirely  ignored. 

We  are  supposed  to  be  living  in  a  christian  commu- 
nity, where  a  just  regard  for  individual  lights  is  held 
sacred  as  the  real  safeguard  of  our  liberties,  and  securi- 
ty of  private  property.  Who  could  believe  that  such 
bare-faced  injustice  as  has  been  perpetrated  upon  my 
rights  could  be  done  with  impunity? 

As  a  merchant  of  Boston,  I  have  always  been  a  law- 
abiding,  tax-paying  citizen,  and  can  not  recognize  the 
right  of  any  corporation  to  seize  my  private  estates,  or 
in  other  words,  to  confiscate  them,  for  luxurious  public 
uses.    Am  I  not  entitled  to  honorable  treatment?    Then 


WEST   ROXBURT   FARE.  .'{7 

why  should  any  official  or  officials  of  the  City  Govern- 
ment presume  to  ignore  my  rights? 

We  all  know  that  unimproved  hinds  are  not  intended 
to  be  taxed  for  more  than  half  their  real  value,  yet  I 
have  paid  my  taxes  annually  on  my  N"ewstead  estate, 
lot  No.  17,  these  ten  years  past,  at  valuations  ranging 
from  |42,900  in  1874,  to  $28,(500  in  1881,  which  is  sud- 
denly reduced  to  18,600,  in  order  to  make  the  small  ap- 
propriation of  $600,000  cover  your  seizures. 

These  lands,  embraced  within  the  area  according  to 
my  original  plan,  which  you  have  condemned  for  the 
West  Roxbury  Park,  were  assessed  in  1875  on  $1,136,- 
900,  which  was  supposed  to  be  about  half  their  real 
value,  but  summarily  cut  down  in  1879  to  much  less 
than  half  the  above  amount.  Thus,  you  see,  that  the 
short  space  in  time  of  only  four  years,  made  alarming 
inroads  upon  all  our  real  estate  possessions.  Did  any 
of  your  Board  suffer  during  the  same  time  such  mar- 
vellous shrinkages? 

When  the  park  question  was  first  agitated,  this 
property,  Newstcad,  was  assessed  on  $42,900,  and  I 
considered  it  worth  more  than  twice  this  sum ;  in  fact 
it  had  been  sold  at  $89,317.50,  and  I  expected  this  part 
of  my  real  estate  would  be  taken  by  the  commissioners 
at  or  near  the  price  it  was  once  sold  for,  not  for  a  mo- 
ment suspecting  that  my  property  could  be  unscrupu- 
lously undervalued,  and  then  seized  at  1-5  the  amount 
of  my  own  valuation  and  sale,  certainly  a  very  poor 
recompense  for  my  efforts  originally  exercised  in  the 
park  scheme.  I  can  not  be  reconciled  to  the  belief  that 
the  citizens  of  Boston  would  willingly  accept  the  use  of 
these  pleasure  grounds,  if  the}^  knew  the   methods  by 


38  HISTORY    OP    THE 


which  they  were  wrung  from  the  long-waiting,  patient 
owners. 

You  may  say  that  others  have  accepted  similar  terms. 
It  may  be  so ;  but  you  well  know  that  they  submitted  to 
the  arbitrary  prices  offered,  because  there  was  but  one 
alternative,  and  many  of  them  had  no  money  to  spare 
to  pay  court  expenses  and  lawyers'  fees.  The  city  may 
therefore  congratulate  itself  in  its  cupidity,  that  it  has 
had  such  an  open  field  of  "  lame  ducks  "  to  roam  in  at 
will.  But  my  case  is  very  different  and  you  know  it. 
I  have  owned  these  lands  for  thirty  years,  waiting 
patiently  this  long  time  for  the  city  to  stretch  out  its 
borders,  and  thus  compensate  me  for  holding  them, 
always  feeling  that  the  time  would  surely  come  when 
they  would  be  wanted  for  elegant  country  residences, 
fully  intending  that  the  proceeds  of  such  sales  should 
some  time  go  for  educational  purposes,  —  our  public 
schools,  our  library,  and  for  numerous  charities,  —  and 
is  it  right  that  the  wealthy  city  of  Boston  should  thus 
deprive  me,  in  a  measure,  from  accomplishing  these 
christian  services,  —  the  great  and  leading  objects  of 
my  life. 

Eleven  years  ago  the  price  of  this  charming  lot  of 
land  was  22  1-2  cents,  but  finally  sold  at  18  3-4  cents  a 
foot,  or  $89,317.50,  and  were  it  not  for  the  methods  and 
depreciating  influences  of  the  public  park  scheme,  it 
certainly  would  be  worth  as  much  to-day.  At  any  rate 
I  ought  to  have  the  right  to  set  my  own  price  upon  my 
own  property,  and  if  it  is  not  wanted  at  my  price,  I 
impose  no  obligation  upon  anybody  to  buy  it;  if  the 
price  is  not  satisfactory,  it  can  be  let  alone;  this  is  not 
unfair.     Nor  do  I  wish  to  press  my  property  upon  the 


WEST    ROXBURY    PARK.  39 

market  out  of  season.  This  property  was  bonded  once 
to  the  city,  very  reluctantly,  for  sixty  days  to  -Jan.  1, 
1880,  for  $80,000,  deducting  $9,317.50  from  a  former 
sale,  simply  to  help  you  carry  out  your  plans.  And  I 
have  shown  every  disposition,  from  the  first  inception  of 
the  park  project,  to  favor  its  establishment,  except  to 
sacrifice  my  fortune. 

These  arc  my  views  and  honest  convictions,  but  I  will 
try  to  reconcile  our  differences. 

Respectfully  yours, 

Samuel  E.  Sawyer. 

The  following  correspondence  with  the  Park  Com- 
missioners will,  perhaps,  more  clearly  explain  the  situa- 
tion of  the  owners  of  these  lands  in  their  relation  to 
the  undervaluation  process,  to  which  they  so  strong^ 
objected. 

In  November,  1879,  an  agent  employed  by  the  city  of 
Boston,  after  earnest  appeals  to  the  owners,  succeeded 
in  obtaining  bonds  from  most  of  them  within  the  park 
area,  aggregating  $1,135,125.  This  was  done  after  the 
valuations  had  been  so  unmercifully  cut  down  to  $532,- 
200.  But  the  Park  Commissioners  concluded  that  they 
were  smart  enough  to  do  a  better  thing  for  the  city  by 
ignoring  the  bonds,  and  after  the  time  had  run  out  they 
put  the  screws  upon  the  bonded  values,  and  many  of 
the  poor  owners  were  forced  to  accept  the  extortionate 
prices  of  about  one-fifth  of  the  real  value  of  their 
property,  not  having  the  means  to  contest  the  wrong. 

These  lands  in  question  were  all  on  the  eastern  side 
of  Walnut  avenue;  one  of  the  lots,  called  Newstead, 
containing  476,360  square  feet,  belonged  to  me,  which 


40  HISTORY    OF    THE 


was  taxed  in  1874  on  $42,900,  sold  two  years  before  for 
$89,317.50,  and  reduced  in  value  by  the  assessors  to 
$18,600,  a  remarkable  history  of  one  parcel  of  real  estate, 
being  an  unaccountable  depreciation! 

The  writer  has  already  shown  that  the  process  of 
reduction  in  assessed  values — the  downward  move- 
ment,—  was  gradual,  until  the  final  taking,  when  the 
"jump"  was  sudden  and  more  effectual,  there  being  a 
much  larger  slice  cut  off  at  one  time,  and  the  property 
was  then  doomed  for  the  park  scheme.  Meantime  the 
taxes  were  annually  levied,  and  paid  by  the  owners, 
until  the  valuations  suited  the  appropriation  of  the  city 
government.  A  large  sum  of  money  was  thereby  paid 
into  the  hands  of  the  city  treasurer,  while  the  estates 
were  beyond  the  control  of  the  real  owners  and  tax  pay- 
ers ;  and  besides,  many  of  them  were  also  obliged  to  pay 
interest  on  their  mortgages,  thus  saving  to  the  city 
large  sums  of  money  both  in  prices  and  taxes,  the  writer 
alone  having  paid  at  least  $20,000  in  taxes  to  the  city 
since  the  park  inception. 

Moreover,  in  rendering  my  tax  bill  on  JSTewstead  for 
1883,  the  full  amount  for  the  whole  year  was  charged, 
and  paid  under  protest,  the  estate  having  been  seized  on 
the  25th  day  of  May.  This,  however,  was  in  keeping 
with  other  transactions. 

The  writer  has  already  alluded  to  a  petition  gotten 
up  by  twenty-nine  of  our  most  respected  citizens,  which 
is  here  copied  verbatim,  simply  to  show  that  the  treas- 
ury of  the  city  of  Boston  is  paramount  to  the  patient 
land  owners  and  tax  payers.  It  appears  on  the  last 
page  of  the  commissioners'  report  for  the  year  1879: 


WERT    UOXP.TTRY    PATIK.  41 

To  wit: 

Boston,  November  29,  1879. 

To  the  Pari:  Commissioners : 

"The  undersigned,  tax  payers  of  the  city  of  Boston, 
believe  that  the  time  has  arrived  for  action  in  regard  to 
the  West  Roxbury  Park.  It  is  believed  that  the  lands 
required  therefor  can  now  be  obtained  at  far  less  prices 
than  hereafter,  as  real  property  is  beginning  to  feel  the 
influence  of  the  revival,  which  is  showing  itself  in  all 
kinds  of  business.  It  is  stated  that  about  four  hundred 
acres  can  be  obtained  for  about  nine  hundred  thousand 
dollars,  and  we  think  you  should  direct  the  attention  of 
the  city  government  to  the  subject  and  urge  its  imme- 
diate action  thereon."  And' again:  "If  the  lands  are  not 
taken  or  bought  at  once,  it  may  be  more  difficult  to  buy 
them  at  prices  they  can  be  bought  at  now." 

Who  on  earth  is  better  entitled  to  the  rise  in  value  of 
this  property  than  the  owners  who  have  patiently  held 
it  for  many  years,  and  through  the  long  period  of  busi- 
ness depression;  in  fact  they  have  been  waiting  for  just 
this  welcome  revival.  By  what  moral  or  equitable 
right  does  a  rich  municipality  or  other  corporation 
undervalue  the  property  of  a  private  citizen  500  per 
cent.,  or  from  $89,317.50  to  the  paltry  sum  of  $18,600, 
making  its  own  price  for  it,  regardless  of  the  owner,  and 
then  seize  it  for  luxurious  purposes?  The  writer  stren- 
uously protests  against  this  gross  wrong,  and  in  con- 
clusion can  only  add,  that  if  the  city  of  Boston  wants  my 
estate,  the  following  are  my  figures: 


42  HISTORY    OF    THE 


Boston,  May  25,  1883. 

Messrs.  Charles  H.  D Alton, 
William  Gray,  Jr., 
Henry  Lee, 

Park  Commissioners. 

To  Samuel  E.  Sawyer,  Dr. 

To  Parcel  of  land  east  of  Walnut  avenue, 
within  the  West  Roxbury  Park  area, 
being  Lot  "No.  17  on  the  commission- 
ers' plan,  containing  476,360  feet,  at 
18  3-4cts.,  189,317.50 

This  is  the  most  charming  swell  of  land  east  of  Wal- 
nut avenue,  overlooking  the  Milton  Hills,  and  other 
picturesque  views,  it  being  near  the  entrance  to  Glen- 
road,  leading  direct  to  the  Providence  Railroad,  at  the 
Green  street  station,  or  to  the  still  nearer  horse  cars  on 
Washington  street.  In  February,  1872  it  was  sold  at 
18  3-4  cents  a  foot,  and  in  November,  1879,  it  was 
reluctantly  bonded  to  the  city  until  January  1,  1880, 
for  the  sum  of  $80,000,  or  16  13-16  cents  a  foot. 

The  writer  can  not  forbear  to  repeat  that  he  can  not 
recognize  the  power  of  any  government  or  people  to 
claim  the  right  to  enter  upon,  and  take  possession  of 
private  property  without  paying  therefor,  at  any  rate  a 
full  and  ample  compensation. 

Can  the  city  of  Boston  or  the  Park  Commissioners  be 
justified  by  the  public  in  condemning  my  lands  for  park 
purposes,  against  my  will  and  consent,  at  only  3  7-8 
Gents  a  foot,  that  were  sold  thirteen  years  ago  at  18  3-4 
cents  a  foot?    The  city  is  spreading  out  in  that  direction, 


WEST   ROXBURY    PARK.  43 

as  is  shown  by  the  increase  of  population  since  1878,  of 
fully  24  per  cent.,  against  G  per  cent,  gain  in  the  cit}r 
proper. 

The  following  letters  were  written  to  the  Chairman 
of  the  Board  of  Assessors,  protesting  against  the 
injustice  of  reducing  the  valuation  of  my  real  estate, 
preparatory  to  its  being  taken  for  public  uses: 

Brookbank,  Gloucester,  Mass.,  Oct.  25, 1883. 
Thomas  Hills,  Esq.: 

My  Dear  Sir: — In  acknowledging  the  receipt  of 
my  tax  bill,  as  assessed  on  my  real  estate  for  this  present 
year  in  Ward  23,  I  am  impelled  to  express  herein  m3T 
indignation  that  a  certain  section  of  my  land  on  Walnut 
avenue,  being  lot  17,  within  the  Park  area,  should  have 
been  cut  down  in  valuation  from  $42,900  in  1874,  to 
$18,600  in  1881,  or  $24,400  reduction  during  the  whole 
time,  or  $10,000  less  than  in  1881.  A  most  remarkable 
reduction  in  so  short  a  time,  near  a  growing  city. 

This  action  in  itself  was  not  so  objectionable  to  a  tax 
payer  except  that  it  was  then  immediately  seized  by  the 
park  commissioners,  and  virtually  confiscated;  this 
great  wrong  being  committed  for  the  luxurious  enjoy- 
ment of  the  citizens  of  a  rich  old  city.  You  well  know 
that  unimproved  real  estate,  like  mine,  in  the  immediate 
vicinity  of  any  large  municipality  is  seldom  or  never 
intended  to  be  assessed  at  more  than  half  its  true  value. 

I  therefore  solemnly  ignore  the  moral  or  legal  right 
of  the  park  commissioners,  acting  in  behalf  of  the  city 
of  Boston,  to  treat  my  private  property  in  this  summary 
way,  regardless  of  my  sacred  rights,  and  I  hereby  enter 
my  protest,  declaring  to  you,  as  Chairman  of  the  Board 


44  HISTORY    OF    THE 


of  Assessors,  that  I  will  never  accept  payment  for  this 
land  based  upon  3  7-8  cents  per  foot,  which  was  sold 
in  1872  at  18  3-4  cents,  a  reduction  of  about  500  per 
cent.  Meantime  the  city  has  been  constantly  increasing 
in  wealth  and  population. 

This  property  was  bonded  to  the  city  for  $80,000,  at 
the  urgent  request  of  an  agent,  to  Jan.  1,  1880.  On 
the  16th  day  of  July,  1873,  I  offered  for  the  adjoining 
lot  of  land  one  hundred  thousand  dollars,  or  ten  cents 
a  foot  for  a  portion  of  it,  say  about  two  acres,  which 
the  city  reduced  the  valuation  of  to  $42,600,  and  after- 
wards seized  it  at  $48,400,  being  less  than  one-half  the 
sum  I  offered  for  it,  and  both  prices  were  refused  by 
the  owner.  The  city  offered  only  4  cents  a  foot.  If  I 
were  a  bankrupt,  I  might  be  obliged,  as  some  other 
owners  in  the  park  area  may  be,  to  submit  to  this  mean 
usage,  without  the  power  of  resistance.  Is  the  city 
willing  to  take  the  advantage  of  these  poor  owners,  and 
call  "might  right,"  or  will  it  adopt  for  its  action  the 
more  noble  and  praiseworthy  policy  of  paying  for  the 
lands,  now  wanted  for  luxury,  a  fair,  equitable  price? 

I  have  written  two  letters  to  the  park  commissioners, 
explaining  more  fully  my  views  in  regard  to  this  matter, 
which  you  can  see  if  you  so  desire. 

Having  paid  my  taxes  promptly  these  last  forty  years, 
I  should  be  glad  to  do  so  now;  but  to  pay  on  such  an 
undervaluation  would  be  construed  as  approving,  or 
quietly  submitting  to  this  treatment;  therefore  I  must 
withhold  payment  until  I  am  fairly  treated,  and  all  my 
rights  preserved. 

Respectfully  yours, 

Samuel  E.  Sawyer. 


WEST   ROXBURY    PARE.  l."> 

On  the  31st  of  October  I  received  an  answer  to  the 
above  communication,  and  on  the  9th  of  November  J 
wrote  the  following  reply : 

My  Dear  Sir: —  I  have  the  pleasure  to  own  the 
receipt  of  your  favor  of  the  31st  ult.,  which  seems  to  call 
for  an  answer. 

I  am  not  ignorant  of  the  fact  that  tax  payers,  as  a 
rule,  do  not  complain  of  low  valuations,  and  consequently 
light  taxes,  but  after  the  payment  of  my  taxes  the  past 
ten  years  on  this  charming  lot  of  land,  from  1874  on 
$42,900,  and  in  1881  on  $28,000,  to  1883  on  $18,000,  thus 
cutting  down  the  valuation  $24,300,  from  the  first  date, 
and  then  to  summarily  seize  the  property,  by  the  right 
of  eminent  domain,  at  these  small  figures,  it  seems  to 
me,  is  to  have  the  right  to  exercise  the  arbitrary  power 
of  robbing  me  to  the  extent  of  about  four-fifths  of  the 
real  value  of  my  property  for  the  public  good.  It  is 
enough  to  make  the  holder  of  real  property  howl  at  such 
gross  injustice. 

Are  we  living  in  a  christian  community,  breathing  the 
atmosphere  of  civilization,  or  are  we  living  in  a  land  of 
bondage?  Not  even  at  18  3-4  cents  a  foot  do  I  wish 
the  city  to  buy  this  estate ;  to  me  it  is  worth  more,  and 
will  produce  a  profit  over  this  price.  Ten  years  ago 
this  property  was  valued  by  competent  experts  at  15  2-3 
cents  a  foot,  four  times  the  assessors'  present  underval- 
uation, but  it  was  not  for  sale. 

Why  do  you  tax  me  at  all  on  property  already  doomed 
for  the  uses  of  the  city,  after  it  is  thus  seized  and  beyond 
my  control?  Do  you  call  it  just?  And  moreover,  my 
tax  bill  calls  for  the  whole  amount  of  taxes  for  the  year 


46  HISTORY    OF    THE 


when  the  land  was  taken  from  me,  by  notice  from  the 
park  commissioners,  on  the  25th  day  of  May.  So  you 
see  that  injustice  encourages  and  breeds  like  injustice! 
You  well  know  that  English  laws  protect  individual 
rights,  as  sacred;  and  these  laws  are  our  natural  inheri- 
tance. Shall  we  admit  that  the  daughter  has  fallen 
from  grace? 

Respectfully  yours, 

Samuel  E.  Sawyek. 

On  the  following  day,  November  10th,  I  received  a 
short  note  in  reply  to  my  letter,  which  was  answered  at 
once.     To  wit: 

I  thank  you  for  your  suggestion  and  advice  in  regard 
to  my  rights  being  adjusted  by  a  jury,  but  with  my 
present  experience,  and  the  treatment  I  have  already 
received  by  the  city  government,  or  the  park  commis- 
sioners, or  both,  I  have  lost  faith  that  justice  would  be 
found  in  Court. 

No ;  it  is  already  a  foregone  conclusion  that  the  city 
means  to  capture  my  property  through  its  officials,  so 
that  your  360,000  citizens  may  indulge  in  the  enjo}r- 
uient  of  it  for  a  bagatelle.  It  is,  however,  very  certain 
that  I  shall  never  consent  to  a  settlement  for  this  valu- 
able property  on  the  basis  of  this  unjust  valuation.  Do 
as  they  will,  I  shall  still  have  reserved  to  me  the 
satisfaction  of  placing  before  the  public  a  true  statement 
of  the  mean  spirit  exhibited  in  obtaining  the  luxury  of 
a  public  park  for  the  citizens  of  Boston. 
Yours  respectfully, 

Samuel  E.  Sawyer. 


WEST    ROXBURY   PARK.  47 

The  tax  bill  was  paid  under  protest,  as  follows: 

Protest. 

Tremont  House,        ( 
Boston,  Dee.  29,  18813.  \ 

James  W.  Ricker,  Esq.,  City  Collector. 

Sir: — The  undersigned  is  the  owner  of  a  certain 
parcel  of  land  in  Ward  23,  West  Roxbury,  being  No. 
17,  on  the  park  commissioners'  plan,  containing  476,360 
feet.  This  lot  was  sold  in  1872,  nearly  twelve  years 
ago,  at  18  3-4  cents  a  foot,  or  $89,317.50,  which  was 
assessed  in  1874  for  $42,900;  in  1875  on  $37,100;  in 
1876  on  $33,300.  Since  1876  the  valuation  has  been 
varied,  and  in  1881  on  $28,600.  On  the  25th  day  of 
May  last,  the  park  commissioners  took  this  lot  of  land, 
by  right  of  eminent  domain,  together  with  another  small 
lot,  No.  20,  on  the  same  plan,  and  notified  me  that  the 
damages  were  only  $18,600,  for  which  I  have  rendered 
a  bill  to  the  park  commissioners,  aggregating  $93,983.- 
88.  It  is  unusual  for  tax  payers  to  complain  of  low 
valuations,  nor  would  the  writer  be  an  exception,  were 
it  not  that  immediately  after  reducing  this  property  to  a 
nominal  value,  the  city  of  Boston  authorized  it  to  be 
seized  for  park  purposes. 

The  undersigned  therefore,  in  paying  his  taxes  for  the 
present  year,  hereby  remonstrates  and  protests  against 
this  unjust  treatment,  as  partially  described  above;  and 
for  the  reasons  set  forth,  and  for  others  not  named,  he 
hereby  pays  the  taxes  assessed  upon  the  lands  so  taken, 
only  to  save  loss,  damage  and  expense;  waiving  no 
right  to  recover  said  taxes,  and  full  damages  for  the 


48  HISTORY    OF    THE 


property  so  taken,  either  in  equity,  or  by  due  process  of 
law.  Respectfully  submitted, 

Samuel  E.  Sawyer. 
Witness,  E.  E.  Patridge. 

I  hereby  certify  that  the  foregoing  is  a  true  copy  of 
the  protest  made  and  presented  to  James  W.  Ricker, 
City  Collector,  this  twenty-ninth  day  of  December,  1883. 

Signed,  E.  E.  Patridge. 

The  following  letter  was  written  on  the  receipt  of  a 
notice  from  the  park  commissioners,  dated  May  2, 1884:, 
stating  that  they  had  also  taken  all  of  Montglade,  on 
the  western  side  of  Walnut  avenue,  embracing  the 
property  on  Glenroad  and  Ravenswood  Park,  with  their 
charming  forests,  lovely  lawns,  and  domes  of  stone,  con- 
taining 1,192,510  square  feet  of  land,  which  was  like 
taking  the  apple  of  my  eye. 

Boston,  May  15,  1881:. 
Messrs.  Charles  H.  Dalton, 
William  Gray,  Jr., 
Henry  Lee, 

Park  Commissioners : 
Gentlemen: — Although  I  firmly  protest  and  remon- 
strate against  the  exercise  of  such  arbitrary  power  that 
deprives  me,  without  my  lief  or  consent,  of  a  large, 
elegant,  and  very  valuable  property,  yet  when  I  consider 
its  position  in  relation  to  other  sections  of  the  park 
domain,  its  only  elevated  hills,  its  charming  terraces,  its 
views  of  the  valley  of  Jamaica  Plain,  and  the  city  of 
Boston  in  the  distance  on  the  north,  and  on  the  south 


WEST    ROXBURY   PARK.  49 

the  Blue  Hills  of  Milton,  slumbering  in  their  dreamy 

atmosphere,  .spanning  the  long  extent  of  valley  inter- 
vening, dotted  with  cottages;  also  its  glades  and  glens, 
its  native  forests,  slopes  and  lawns,  I  can  not  but  feel 
that  the  loss  to  me  of  this  lovely  estate  is  almost  inevit- 
able. I  have  therefore,  but  with  the  greatest  reluct- 
ance, and  against  my  pecuniary  interest,  made  out  the 
inclosed  bill  or  claim,  which,  if  accepted  by  your  board, 
will  cost  me  much  regret,  and  many  thousands  of  dol- 
lars in  money. 

Mr.  Olmstead  knows,  you  all  very  well  know,  that  the 
natural  beauties  of  this  valuable  estate,  with  its  lovely 
valley,  its  glens,  copses  and  fields,  and  with  its  Ravens- 
wood  Park,  possesses  rural  charms  unsurpassed,  and 
variety  enough  to  be  a  lovely  park  within  its  own 
borders,  in  fact  a  gem,  the  treasure  of  the  whole 
park  area,  besides  being  the  chief  high  gateway  to  the 
entrance  of  the  great  West  Roxbury  Park,  and  nature 
without  adornment  has  done  the  needful. 

Your  commission  has  already  secured  three  or  four 
hundred  acres  for  park  purposes,  which  are  all  very  well 
in  counting  acres,  and  cheap  enough,  but  what  would 
your  great  West  Roxbury  Park  amount  to,  some  of  it 
being  low  and  boggy  land,  without  Monteglade  ?  Where 
else  within  the  city  limits,  can  be  found  another  estate 
to  compare  with  it  for  the  grand  entrance  to  the  park 
domain? 

Gems  and  precious  stones  must  bear  corresponding 
values;  therefore,  if  the  citizens  of  Boston  desire  such 
treasures  for  their  indulgence,  they  must  be  willing  to 
pay  for  them,  or  let  them  alone ;  it  is  not  my  wish  to 
sell  this  property  now,  even  at  the  prices  named  for  it 


50  HISTORY    OE    THE 


in  the  bill,  as  it  is  constantly  increasing  in  value, 
although,  perhaps,  imperceptibly.  Before  long  it  will 
be  wanted,  being  the  first  to  come  into  the  market;  nor 
wonlcl  I  sell  a  lot  on  Glenroacl  to-day,  one  mill  less  than 
fifty  cents  per  foot.  Yon  must  be  aware  that  the  front- 
age of  this  property  is  very  extensive,  running  a  long 
distance  on  Walnut  avenue,  bordering  both  sides  of 
Glenroacl.  and  Ravenswood  Park  circle. 

Both  of  these  roads  were  constructed  with  much  care 
and  at  great  expense.  These  twenty-two  lots  were 
handsomely  laid  out  thirty  years  ago,  in  ordor  to  im- 
prove this  charming  estate,  and  to  gain  access  to  it  by 
carriage;  both  avenues,  however  are  private  ways. 

The  frontage  of  this  whole  property  is  now  5,814  feet 
and  6  inches,  bordered  by  thrifty  elms,  and  besides  the 
excellent  qualities  of  this  estate  as  already  stated,  it  has 
upon  its  surface  domes  of  stone  and  granite,  that  will 
become  more  and  more  valuable  in  future  years,  and 
after  these  are  sold  and  taken  away  the  land  will  still 
be  left,  not  much  diminished  in  value. 

Is  it  a  fail*  and  honorable  transaction  for  the  city  of 
Boston  to  take  from  me  this  valuable  property  without 
the  assurance  of  a  full  and  ample  compensation?  Why 
should  I  be  deprived  of  my  present  or  prospective  for- 
tune to  secure  the  indulgence  of  a  luxury  to  the  citizens 
of  Boston?  I  regard  these  valuable  estates  as  being 
fully  worth  the  amount  of  my  claims  as  rendered. 
Respectfully  yours, 

Samuel  E.  Sawyee. 


WEST    ROXBURY    PARE.  5] 

Boston,  April  29,  L884. 

Messrs.  Charles  II.  D Alton, 
William  Giiay,  Jr., 
Henry  Lee, 

Park  Commissioners. 

To  Samuel  E.  Sawyer,  Dr. 

To  10  lots  of  iand,  Nos.  2  to  11,  West  Rox- 
bury,  according  to  Alexander  Wads- 
worth's  plan,  July  2,  1853,  containing 

538,085  feel 
Glenroad  1345  x  40,  53,800 


591,885 
at  35  cts.  per  foot,  $207,159.75 

To  12  lots  of  land,Nos.  12  to  23,  same  plan, 
containing  870,710  feet 

Ravenswood  Park  circle,       20,015 

900,025 
at  25  cts.  per  foot,  $225,156.25 

$432,310  00 

To  Construction  of  Glenroad  and  culverts; 
Ravenswood  Park  road,  circular  ave- 
nue; 0  feet  sidewalks  both  sides  of  Glen- 
road; 190  elm  trees,  1850,  setting  out 
and  care  of  them;  paid  Geo.  W.  Bond 
for  roadway,  connecting  Glenroad  with 
Forest  Hill  street,  753x40  feet,  30,120 
feet,  1854, 30  years,  would  stand  to-day 


52  HISTORY    OF    THE 

$12,800;  blocking  and  fencing  Glen- 
road  May  13th  to  16th,  1873;  guarding 
same  two  nights  and  three  days,  on  rec- 
ord; William  J.  Bowditch  examining 
title,  surveying,  etc.,  $12,500.00 

To  Ashler  stone  from  dwelling  house  built 
by  Geo.  W.  Bond,  afterwards  bought 
by  Henry  Cabot,  Winthrop  square, 
Boston,  $3,500.00 


$448,316.00 
List  of  Montglade  Lots,  West  of  Walnut  Avenue. 
East  of  Glenroad.  West  of  Glenroad. 


Lot  No.  2 

79,204  feet 

Lot  No 

.12 

51,977  f( 

3 

20,460 

13 

68,183 

4 

50,210 

14 

49,530 

5 

45,672 

15 

62,690 

6 

79,744 

16 

81,100 

7 

61,220 

17 

40,900 

8 

29,760 

18 

70,650 

9 

60,500 

19 

26,080 

10 

31,940 

20 

80,500 

11 

79,375 

21 

94,400 

Glenroad, 

53,800 

Dirf'lp 

22 

219,580 
24,120 
29,915 

591,885 

Park  Road, 

900,625 


WEST    ROXBURY    PARK. 


East  side  Glenroad,  591,885  feet  at  35  cts.,  1207,150.75 
West  "         900,625     "         25    "       225,150.25 

1,492£10  ^m^U(m) 

Including  roads,  trees,  stone,  etc.  16,000.00 

$448,316.00 
The  following-  correspondence  was  suggested  by  my 
desire  to  make  a  satisfactory  settlement  with  the  park 
commissioners,  by  having  a  private  interview,  and  an 
opportunity  for  negotiation  and  exchange  of  views, 
which,  however,  proved  to  be  futile. 

Tremont  House,        ( 
Boston,  Jan.  20,  1885.  S 

Messrs.  Charles  H.  D  Alton, 
Henry  Lee, 

Park  Commissioners : 

Gentlemen:  —  On  the  first  day  of  February  next  I 
shall  be  under  obligations  for  a  large  amount  of  money, 
and  as  the  park  commissioners  owe  me  for  the  amount 
of  my  bill  rendered  for  lot  No.  17,  within  the  park  area, 
476,360  feet  at  18  3-4  cents,  or  $89,317.50,  I  thought 
it  advisable  to  request  you  to  pay  this  claim,  and  I  trust 
you  will  not  disappoint  me. 

I  already  begin  to  realize  that  all  my  material  inter- 
ests in  these  valuable  real  estates,  my  present  and  pros- 
pective fortune,  are  now  in  your  hands,  subject  to  the 
arbitrary  power  or  otherwise  of  the  park  commissioners. 
You  can  deprive  me,  as  you  have  already  done,  by  the 
exercise  of  the  right  of  eminent  domain,  of  my  sacred 
rights  in  m}r  own  property,  ignoring  at  will  m}T  wishes, 
and  thus  confiscate  my  lands;  or  jon  can  leave  them 
subject  to  my  control  as  it  ma}T  suit  your  dictation  or 


HISTORY    OF    THE 


pleasure,  as  I  have  no  voice  in  making  a  price  between 
20  per  cent,  and  100  per  cent,  of  my  holdings. 

Now  in  the  exercise  of  this  arbitrary  power  accorded 
to  your  commission,  ostensibly  for  the  benefit  of  the 
public,  it  should  be  so  modified  and  tempered  with  jus- 
tice, that  it  shall  not  trample  upon  individual  rights,  but 
that  equitable,  not  niggardly  terms,  shall  be  made  to 
satisfy  the  owner  for  his  sacrifice  in  parting  with  his 
lands.  Instead  of  fair  and  honorable  treatment,  as  above 
suggested,  I  feel  that  my  property  has  been  ruthlessly 
seized  by  your  commission,  after  marking  it  down,  down 
and  down,  from  its  previous  valuation  by  the  assessors, 
which  was  $42,900.  On  this  sum  the  writer  has  annu- 
ally paid  his  taxes,  even  down  to  the  absurd  valuation 
of  $18,600,  simply  to  accommodate  the  stingy  appropri- 
ation of  only  $600,000,  made  by  the  city  government 
with  which  to  buy  this  large  area  of  park  lands,  worth 
$2,000,000  at  least. 

If  the  city  requires  my  charming  property  for  luxu- 
rious purposes  it  must  pay  for  it  fairly,  and  not  jew  me. 
I  ask  no  favor,  but  simply  to  let  my  lands  alone,  that  I 
may  continue  to  hold  them  in  nry  own  right. 

It  has  often  been  said  to  me  that  Walnut  avenue 
is  destined  to  be  the  court  end  of  Boston,  both  on 
account  of  its  accessibility  and  its  elevated  position,  for 
aristocratic  dwellings.  But  whether  this  prediction  is 
hereafter  proved  to  be  true  or  not,  I  do  know  that  the 
lands  in  this  section  of  the  city  are  most  picturesque 
and  attractive,  and  they  will  soon  be  wanted  for  the 
erection  of  fine  mansions. 

Since  my  property  was  doomed,  and  so  tied  up  that 
I  could  neither  improve  it  nor  offer  it  for  sale,  I  have 


WEST    ItOXRURY    PAPJv.  &> 

paid  into  the  city  treasury  more  than  $20,000  for  taxes. 
Why  should  I,  strictly  in  justice,  pay  taxes  on  property 
beyond  my  control,  when  virtually  held,  except  in  fee, 
by  the  city  of  Boston?  My  last  tax  on  Newstead,  lot 
No.  17,  was  paid  under  protest  for  two  reasons:  one  for 
undervaluation,  and  the  other  because  the  taxes  were 
unjustly  levied  on  it  for  the  whole  year,  when  your  com- 
mission seized  it  on  the  25th  of  May,  of  the  same  year. 

The  reduction  by  the  assessors'  valuation  of  city  prop- 
erty since  1875,  averages  14  per  cent.,  to  wit:  In  1875 
the  valuations  were  $793,000,000,  and  in  1883  the  valu- 
ations were  $682,000,000:  while  my  property  has  been 
reduced  by  undervaluations  58  per  cent.,  and  seized  for 
the  great  park. 

The  English  laws  are  so  sensitive  in  guarding  and 
protecting  private  rights  that  not  even  the  sovereign 
could  violate  them  with  impunity;  these  laws  are  our 
own  heritage;  shall  we  ignore  them? 

The  fact  must  be  kept  in  mind,  that  the  prices  at 
which  the  park  lands  have  been  taken  from  many  of  the 
poor  owners  should  be  no  criterion  for  settlement  with 
other  parties,  because  they  had  no  means  of  redress,  no 
money  to  spare  for  litigation;  and  knowing,  as  we  all 
do,  the  uncertainties  of  the  law,  they  submitted  to  the 
exaction,  took  what  they  could  get,  and  then  groaned 
over  the  compulsion  forced  upon  them  by  their  neces- 
sities. Who  will  thank  you,  now,  or  in  the  future,  for 
exercising  the  arbitrary  power  of  the  right  of  eminent 
domain,  to  an  extent  that  robs  me,  and  other  owners,  of 
a  few  acres  of  land,  for  the  benefit  of  the  citizens  of 
Boston.  Respectfully  yours, 

Samuel  E.  Sawyer. 


56  HISTORY    OP    THE 


Department  of  Parks,  Board  of  Commissioners.  > 
City  of  Boston,  January  24,  1885.      ) 

Samuel  E.  Sawyer,  Esq.  : 

Sir:  —  In  reply  to  your  letter  of  the  20th  inst.,  which 
was  laid  before  the  board  at  its  meeting  to-day,  I  am 
directed  by  the  commissioners  to  say,  that  as  they  do 
not  find  that  it  contains  any  new  proposition  fo.r  a  set- 
tlement of  your  claims  against  the  city,  no  action  there- 
on could  be  taken,  and  that  before  considering  the  mat- 
ter further,  they  desire  to  have  from  you  a  proposition 
for  a  settlement  of  all  your  claims  for  land  taken  for  the 
West  Roxbury  Park. 

Yours  respectfully, 

Geo.  F.  Clarke,  Secretary. 

On  the  24th  of  January,  I  wrote  in  answer  to  the 
above,  that  as  Lot  No.  17  was  the  first  condemned,  you 
will  greatly  oblige  me  by  paying  for  it  at  once.  Any 
reasonable  concession  I  can  make  to  further  this  end, 
may  be  considered  at  an  interview;  or  if  you  prefer  it, 
you  can  make  me  a  direct  proposition  for  this  estate  in 
writing. 

Tremont  House,  ) 

Boston,  January  31,  1887.  I 

Messrs.  Charles  H.  Dalton", 
Henry  Lee, 

Park  Commissioners. 
Gentlemen:  — Without  the  favor  of  a  communication 
from  you  in  reply  to  my  brief  note  of  the  21th  inst.,  re- 
questing }7ou  to  pay  for  the  lot  No.  17  first,  it  being  the 
first  that  was  taken,  and  offering  to  make  any  reason- 


WEST    ROXBURY    PARK.  f>< 


able  concession,  I  have  had  the  charity  to  presume  thai 
it  did  not  reach  yon  promptly,  as  it  would  not  have  been 
quite  an  act  of  courtesy  to  delay  answering  the  urgent 
appeal  of  one  who  has  done  so  much  to  advocate  and 
promote  the  public  park  enterprise. 

I  am  not,  however,  so  very  much  surprised  at  this 
lack  of  courtesy,  having  witnessed  too  many  of  life's 
conflicts  to  be  easily  moved  by  trifles.  A  long  experi- 
ence in  business  leads  me  to  believe  that  I  do  know 
what  belongs  to  courtesy,  justice  and  fair  dealing 
among  merchants  and  high-minded  men,  in  the  various 
walks  of  life,  and  I  must  confess  that  during  all  these 
years  I  have  never  before  witnessed  such  an  imperious 
disregard  of  other  people's  rights;  such  a  close  prox- 
imity to  absolute  robbery,  as  the  process  of  getting  pos- 
session of  these  park  lands,  has  disclosed.  The  poor 
owners  have  been  squeezed  without  stint  by  cutting 
down  valuations,  and  then  jewed  in  prices  in  order  to 
obtain  a  public  park  for  the  indulgence  of  a  wealthy 
city.  Apply  this  same  kind  of  treatment  to  yourselves 
and  then  you  will  see  how  you  would  like  it;  probably 
you  would  rebel  as  I  do. 

I  now  hereby  withdraw  every  proposition,  or  conces- 
sion, written  or  verbal,  heretofore  made  b}7  me,  with  the 
view  of  settling  for  the  lot  No.  17,  leaving  the  price  as 
per  bill  or  claim  rendered,  under  the  date  of  Ma}7  25th, 
1883,  at  18  3-4  cents  per  foot,  or  $89,317.50. 

Respectfully  yours, 

Samuel  E.  Sawyer. 


58  HISTORY   OP   THE 


Department  of  Parks,  Board  of  Commissioners, ) 
City  of  Boston,  January  31,  1885.      j 

Samuel  E.  Sawyer,  Esq.: 

Sir:  — In  reply  to  your  letter  of  the  24th  inst.,  I  am 
directed  to  say  that  the  board  will  insist  upon  its  deter- 
mination, not  to  consider  the  proposition  for  a  settle- 
ment of  your  claim  for  damages  upon  the  lot  taken 
May  25th,  1883,  except  in  connection  with  a  proposition 
to  settle  at  the  same  time  your  claims  for  damages  un- 
der the  subsequent  taking. 

Respectfully  yours, 

George  F.  Clark,  Secretary. 

Tremont  House,        ) 
Boston,  Jan.  31,  1885.  { 

Geo.  F.  Clark,  Secretary  Park  Commissioners: 

Sir: — In  acknowledging  the  receipt  of  your  note 
crossed  by  mine  of  the  same  date  on  the  way,  the  pur- 
port whereof  being  dictated  by  your  Board,  I  have  only 
to  say  in  reply,  that  I  have  already  rendered  my  claim 
to  the  park  commissioners  for  the  estates  on  the  western 
side  of  Walnut  avenue,  called  Montcglade,  under  the 
date  of  April  29,  1884,  which  I  reluctantly  made,  hop- 
ing that  this  favorite  section  of  my  valuable  property 
would  be  waived  and  let  alone.  But  if  the  commission- 
ers find  it  indispensible  to  the  perfection,  beauty  and 
completion  of  the  park  outline,  in  establishing  it,  and  if 
I  am  thus  compelled  to  part  with  it,  which  is  like  the 
taking  of  the  very  "  apple  of  my  eye."  then  I  have 
only  to  say  that  to  save  further  controvers}r,  litigation 
and  dela}r,  any  reasonable  concession  I  can  make  from 


WEST    ROXBURT    PARK.  HI) 

my  claim  for  this  valuable  estate,  lot  17,  \  shall  try  to 
make,  in  order  to  settle  both  of  my  claims  at  once. 

I  can  meet  the  commissioners  at  any  time  within  a  few 
days  to  negotiate. 

Respectfully  yours, 

Samuel  E.  Sawyer. 

Department  of  Parks,  Board  of  Commissioners. 
City  of  Boston,  February  1,  1885. 

Samuel  E.  Sawyer,  Esq.: 

Sir:  — In  reply  to  your  second  letter  of  the  31st  ult., 
Mr.  Dalton  directs  me  to   say  that  the   commissioners 
would  prefer  to  receive  any  modification  you  may  desire 
to  make  of  your  former  proposition  in  writing*. 
Respectfulty, 

Geo.  F.  Clark,  Secretary. 

Trcmont  House,      ) 
Boston,  Feb.  2,  1885.  j 

Geo.  F.  Clark,  Esq.  : 

Sir:  — M}r  object  in  suggesting  a  conference  was 
with  a  view  of  arriving  at  some  mutual  agreement  as  a 
basis  for  settlement  by  concession,  and  then,  if  conces- 
sion should  not  avail  in  accomplishing  our  object,  any 
verbal  proposition  made  could  at  once  be  withdrawn, 
leaving  me  free  to  act  according  to  my  judgment,  with- 
out prejudice  to  the  full  amount  of  my  claims.  I  still 
think  it  best,  at  any  rate,  to  confer. 

Respectfully  j 

Samuel  E.  Sawyer. 


60  HISTORY    OF    THE 


Thus  ended  the  wearisome  and  perplexing  efforts 
made,  and  the  lengthy  correspondence  pursued  for 
months,  hoping  thereby  to  come  to  a  satisfactory  settle- 
ment with  the  park  commissioners  for  my  valuable 
estates. 

This  charming  property  was  summarily  taken  from 
me,  or  condemned,  for  luxurious  purposes,  against  my 
will  and  protestations;  leaving  me  no  alternative  for 
redress,  but  the  still  greater  labors,  together  with  the 
inevitable  court  expenses,  and  with  the  harrassing  un- 
certainties of  the  law.  I  was  therefore  compelled  to 
employ  counsel,  and  enter  my  claim  on  the  docket  of 
the  Superior  Court,  against  the  city  of  Boston. 

The  statements  annexed  contain  valuable  statistics, 
drawn  from  the  records,  relative  to  the  complications 
and  struggles  in  securing  the  lands  for  the  great  central 
park  in  New  York  city,  which  were  carefully  prepared 
and  contributed  to  these  pages. 

A  striking  similarity  of  the  methods  followed  in  ob- 
taining the  lands  required  for  a  public  park  in  New 
York  and  Boston  is  here  graphically  shown,  together 
with  some  of  the  results  already  realized. 

By  the  act  of  the  New  York  Legislature  passed  July 
21st,  1853,  about  773  acres  of  land,  lying  between  59th 
and  106th  streets,  and  between  the  5th  and  8th  avenues 
in  the  city  of  New  York,  were  at  once  condemned  for 
public  use  as  a  park.  This  action  of  the  authorities 
had  its  advocates  as  well  as  its  adversaries ;  many  peo- 
ple believed,  while  others  affected  to  believe,  that  the 
scheme  would  never  be  carried  out.  Every  effort  was 
made,  by  litigation  and  otherwise,  to  defeat  it.  No 
money  was  voted  by  the   city  council   until  1857,  after 


WEST    KOXBUKY    PABK.  61 

the  final  decision  of  the  courts  had  left  no  doubt  as  to 
the  legality  and  constitutionality  of  the'  act. 

In  1852,  the  estimated  value  of  the  lands  taken  by 
the  act  was  $1,407,325;  but  the  amount  finally  paid 
for  them  was  $5,406,193.  By  the  evidence  produced 
in  court  during  the  trials,  it  appeared  that  for  some  of 
the  lands  so  taken  the  commissioners  had  awarded  only 
50  per  cent,  of*  what  the  owners  had  paid  for  them  at 
public  auction  in  December,  1852,  oidy  about  six 
months  previous  to  their  being  taken  for  the  park. 
Taxes  were  assessed  upon  the  lands  until  1856. 

The  assessments  for  betterments  on  surrounding  es- 
tates, made  in  1860,  amounted  to  $1,661,395,  which 
reduced  the  cost  of  the  park  lands  to  the  public  treasury 
really  to  $3,741,798.  Of  these  773  acres,  taken  as  a 
park,  135  acres  already  belonged  to  the  city,  and  57 
either  to  the  state  or  public  institutions,  leaving  the  net 
amount  purchased  583.45  acres,  the  average  price  paid 
being  $9,266  per  acre,  or  21.27  cents  a  foot. 

From  153  to  1857  this  matter  was  so  obscured  with 
doubt  and  uncertainty  as  to  the  result,  that  the  value  of 
three  wards,  in  which  the  park  was  located,  became 
greatly  reduced;  the  depreciation  in  a  single  year,  from 
1855  to  1856,  being  nearly  10  per  cent.  Men  who  had 
partly  paid  for  their  lands  abandoned  them  in  dispair  of 
retrieving  anything  from  the  ruin  which  impended  over 
them,  and  much  private  misery  was  occasioned  thereby. 

In  1859,  when  the  valuation  of  these  wards  had  risen 
33  per  cent,  above  the  valuation  in  1856,  it  was  deter- 
mined to  add  75  acres,  lying  between  106th  and  110th 
streets.  The  lands  had  been  unjustly  appraised  for 
taxation  at  $179,850,  and  when  valued  in  1860  by  the 


62  HISTORY    OF    THE 

commissioners  of  the  Supreme  Court,  they  awarded 
$1,499,429,  of  which,  deducting  the  betterments  assessed 
$425,900,  left  the  balance  upon  the  city  $1,073,523. 

This  award,  being  unsatisfactory  to  the  park  com- 
missioners, they  voted  to  discontinue  proceedings  under 
the  act,  which,  by  decision  of  the  court,  left  matters  as 
if  nothing  had  been  accomplished  and  a  new  board  of 
assessment  was  appointed,  who  reported  in  March, 
18G3,  total  amount,  $1,179,590,  of  which  was  assessed 
$171,085,  leaving  a  balance  upon  the  city  of  $1,008,- 
565.  The  amount  paid  for  these  lands  was  $15,725  per 
acre,  or  36.25  cents  a  square  foot.  The  centre  of  this 
area  is  about  six  miles  from  the  city  hall. 

The  proceedings  for  taking  these  lands  were  hardly 
consummated  before  the  Central  Park  commissioners 
were  showing  by  their  reports  that  there  was  a  rapid 
increase  in  the  valuation  of  the  estates  surrounding  the 
park,  and  that  the  tax  on  the  increased  valuation  would 
meet  the  interest  on  the  cost,  and  sink  the  principal  in 
five  years.  The  valuation  of  the  three  wards,  12,  19 
and  22,  which  surround  the  park,  was  as  follows:  —  in 
1856,  $26,429,565;  in  1858,  $31,002,071;  in  1863,  $51- 
419,499;  in  1868,  117,926,230;    in  1873,  236,081,515. 

Since  1873,  the  inauguration  of  the  elevated  railroads 
and  other  grand  improvements  have  contributed  large- 
ly to  the  increase  of  valuations,  but  up  to  1873  the  addi- 
tion in  values  had  been  in  a  great  degree  caused  by  the 
superior  attractions  given  to  that  entire  part  of  New 
York  by  the  embellishments  of  Central  Park. 

Up  to  this  time  the  total  cost  of  Central  Park  had 
been  $13,902,515,  and  the  sum  paid  during  the  14  years 
as  annual  payments  of  interest  aggregated  $8,440,189, 


WEST    ROXBUKY   PARK.  G3 

while  the  aggregate  taxes  upon  the  increased  valuation, 
during  the  same  period  amounted  to  $27,862,839. 

A  comparison  of  the  cost  and  interest  thereon  of 
Central  Park,  with  the  increase  in  valuation  of  the  three 

wards  in  whieh  it  is  situated,  as  before  shown,  is  an  in- 
teresting study,  because  of  the  remarkable  increase  in 
the  valuations  from  the  year  185G,  $20,420,505,  and  the 
gradual  increase  until  1873,  when  it  reached  the  enor- 
mous sum  of  $230,081,515,  or  nearly  ten  hundred  per 
cent.,  while  the  taxes  followed  closely  upon  the  increase, 
and  rose  during  the  fourteen  years  from  $288,085,  to 
$5,241,298. 

The  following  letter,  written  by  General  Horace 
Binney  Sargent,  formerly  of  this  eity,  now  residing  in 
Los  Angelos,  California,  shows  unequivocally  the  strong 
spirit  of  righteous  indignation  that  animated  him  in  con- 
demning the  unjust  treatment  he  received  at  the  hands 
of  the  city  of  Boston,  by  the  officials  in  power: 

Los  Angelos,  Cal.,  March  21,  1885. 
Hon.  Samuel  E.  Sawyer: 

Dear  Sir: — I  have  not  had  the  heart  to  reply  to 
your  letter  touching  the  swindle,  that  I  think  should  be 
called  The  West  Robbery  Park. 

The  mere  recital  of  facts  is  the  argument:  Ten  years 
ago,  or  more,  the  city  of  Boston  taxed  my  forty  acres, 
that  front  nearly  half  a  mile  on  Seaver  street  and  Wal- 
nut avenue,  on  a  sworn  valuation  of  their  own  assessors. 
That  sworn  valuation  was  over  $200,000,  and  the  Park 
commissioners  asked  for  a  bond  at  that  rate,  which  I 
declined  to  give.  I  borrowed  $85,000  upon  this  estate, 
giving  a  mortgage. 


64  HISTORY    OF    THE 


The  city  deterred  all  private  purchasers  by  including 
these  forty  acres  in  the  park  plan  until  their  assessors 
had  reduced  the  sworn  valuation  to  about  $60,000,  in 
evident  conspiracy  with  their  masters,  the  city  of  Bos- 
ton, which  not  merely  doomed  the  estate  for  a  park,  but 
voted  to  give  only  a  price  based  on  the  valuation  of 
their  own  assessors. 

At  last,  when  the  three  conspirators,  or  rather  the 
one  robber,  with  its  two  conspiring  hands,  the  assessors 
and  the  park  commissioners,  saw  the  tide  of  value  re- 
turning, in  spite  of  their  falsest  valuation,  the  estate  was 
seized  for  less  than  half  the  sworn  value  of  ten  years 
before,  and  this  in  the  growing  city  of  Boston,  and  in 
one  of  its  most  growing  wards. 

Does  any  one  believe  that  this  fine  estate  on  the  cor- 
ner of  Seaver  street  and  Walnut  avenue  is  worth  100,- 
000  less  than  the  valuation  on  which  I  was  forced  to 
pay  taxes,  ten  years  or  more  ago,  $203,000? 

I  was  offered  $400,000  for  this  estate  then,  which  the 
three  conspirators,  the  city,  the  assessors  and  the  park 
commissioners,  now  seize  for  less  than  $100,000,  a  sum 
that  does  not  liquidate  the  mortgage  debt  to  the  bank  in 
Newburyport. 

That  Messrs.  Dalton,  Lee  and  Gray  may  enjoy  the 
reputation  of  being  smart,  sharp  buyers,  of  saving  a 
shilling  to  each  one  of  the  citizens  of  Boston,  they  sad- 
dle me,  in  my  enfeebled  old  age,  with  a  loss  of  five  or 
six  hundred  thousand  shillings! 

By  corporate  power,  my  land  is  doomed  at  a  valua- 
tion based  on  assessment;  then  assessed  at  much  less 
than  half  its  value,  and  then  taken  by  the  park  commis- 


WEST    ROXBURY    PARK.  65 

sioners  at  less  than  its  worth  would  be  if  not  so  doomed 
and  assessed.     If  this  is  not  robbery,  what  is  robbery? 
Yours  respectfully, 

Horace  Binney  Sargent. 

I  here  take  the  liberty  of  annexing  extracts  from 
another  letter  of  General  Sargent's,  in  which  he  still 
more  forcibly  presents  the  striking  points  at  issue, 
which  deserve  the  careful  consideration  of  all  conscien- 
tious citizens.     To  wit: 

"Can  any  one  believe  that  in  a  rapidly  growing  city 
like  Boston,  where  parks  and  other  uses  had  already 
diminished  the  mass  of  land  in  the  market,  the  forty 
acres  of  the  beautiful  old  Sargent  homestead  were  cor- 
rectly assessed  as  worth  over  $200,000,  when  the  park 
commissioners  desired  a  bond,  and  as  worth  only  $60,- 
000  when  the  city  decided  to  take  it,  if  it  could  get  it  at 
the  tax  valuation?  No  matter  what  influences  swayed 
the  assessors,  was  the  assessment  in  both  cases  correct 
under  oath? 

The  appraisers,  purchasers,  doomers,  it  must  be  re- 
membered, are  but  one  party,  the  city  of  Boston,  which 
is  properly  a  trustee  for  its  citizens  and  is  bound  to  act 
fairly,  when  in  violations  of  general  principles  to  prevent 
fraud,  it  becomes  both  buyer  and  seller  of  the  coveted 
property  of  one  citizen.  No  one  can  doubt  that  there 
is  a  close  connection  between  the  fall  of  assessed  valua- 
tion from  $203,000  to  $60,000,  and  the  city's  vote  to 
base  their  buying  price  on  that  valuation,  and  the  park 
commissioners'  desire  to  show  themselves  close  buyers. 
The  heads  and  hands  are  several,  but  they  arc  all  the 
city  of  Boston. 


66  HISTORY    OF    THE 


And  now,  to  cap  the  climax,  a  betterment  tax,  on 
account  of  this  park,  to  the  amount  of  $800,  is  laid  by 
the  park  commissioners  on  a  single  half  acre  of  adjoin- 
ing orchard  remaining  in  the  family.  For  what?  The 
land  taken  is  unchanged.  Change  of  ownership  from 
private  to  public  title  makes  no  park,  and  confers  no 
betterment  as  ground  for  assessment.  Private  use  and 
settlement  would  confer  more  value  than  the  city's  idle 
ownership.  This  charge  of  nearly  $800  levied  on 
owners  who  suffered  by  an  undervaluation  of  at  least 
$100,000,  and  are  now  summoned  to  pay,  overshadow 
Dr.  Franklin's  story  of  paying  for c  heating  the  poker.' 
Except  in  the  solemnity  of  the  reports,  the  whole  trans- 
action is  unworthy  of  the  city  of  Boston." 

H.  B.  S. 

I  quote  the  remarks  of  the  Mayor  of  one  of  our  large 
cities,  who  in  his  inaugural  aptly  said:  "The  first  duty 
of  government  is  the  protection  of  its  citizens  in  their 
rights  to  life,  liberty  and  property."  Would  that  the 
government  of  the  city  of  Boston,  in  all  its  branches, 
especially  in  the  park  commissioners'  department,  had 
been,  were  now,  and  always  will  be  of  this  way  of  think- 
ing and  acting-  instead  of  sacrificing  the  property  of 
honest  owners,  that  the  citizens  may  enjoy  the  benefit  of 
it  for  luxurious  purposes. 

On  the  4th  day  of  March,  1885,  finding  that  all  my 
efforts  in  trying  to  make  a  settlement  with  the  park 
commissioners  were  exhausted,  hopeless  and  unavailing, 
and  after  having  a  prolonged  and  earnest  interview  with 
the  full  board  of  commissioners,  and  with  the  aid  of 
Hon.  Robert  M.  Morse,  Jr.,  my  case  was  presented  with 


WEST    KOXBUKY    PARK.  67 

plans  and  arguments,  showing  the  picturesque  beauty 
of  the  lands,  their  charming  location,  the  advantages, 
and  relative  position  of  the  neighboring  villages,  their 
proximity  to  the  city,  the  constant  communication  and 
rapid  transit  by  two  railroads ;  and  being  convinced  that 
all  this  valid  reasoning  had  proved  ineffectual,  I  finally 
concluded  that  further  delay  in  the  prosecution  of  my 
demands  against  the  city,  would  be  futile;  therefore  I 
resolved  that  there  was  no  alternative  but  to  pursue  my 
action  in  court.  This  I  knew  would  be  a  hard  struggle, 
with  all  the  influences  of  City  Hall  employees,  office 
hunters  and  favor  seekers  against  me.  My  counsel  had 
already  prepared  the  necessary  declaration,  and  we 
launched  our  barque  on  this  proverbial  sea  of  troubles, 
a  court,  with  all  the  uncertainties  of  law,  and  which  even 
at  this  time  of  writing  (May,  1887,)  are  not  yet  ended. 
Subsequently  on  the  17th  of  May,  1880,  Moorfield 
Story,  Esq.,  was  retained  in  cooperation,  or  as  junior 
counsel;  thus  adding  to  our  legal  force  and  acumen. 
My  arduous  labors  involved  in  so  important  a  case,  be- 
came, with  every  step,  still  more  and  more  earnest  and 
ponderous. 

During  these  many  months  of  tedious,  oppressive 
labors  and  painful  anxieties,  I  called  upon  more  than 
fifty  prospective  witnesses,  while  wearied  and  exhausted 
in  mind  and  body,  an  ordeal  that  1  could  wish  not  even 
an  enemy  might  be  obliged  to  realize. 

Franklin  Parle. 

The  following  arc  extracts  mainly  selected  from  a 
letter    written  to   the   park  commissioners,  hoping  to 


68  HISTORY   OF    THE 


effect  u  settlement  for  my  valuable  estates  taken  from 
me  against  my  will  for  park  purposes,  including  Monte- 
glade,  Ravenswood  Park,  Glenroad  and  Newstead. 
These  are  the  gems  of  the  park  area,  Glenroad  Ravine 
being  the  natural  gateway.  They  are  all  absolutely 
indispensable  to  the  perfection  of  the  great  Franklin 
Park. 

Boston,  April  23,  1886. 

Gentlemen :  —  A  brief  outline  of  the  history  and  the 
motives  that  have  actuated  the  holder  of  these  valuable 
properties  may  not  be  uninteresting  to  your  Board,  giv- 
ing you  j)ossession  of  important  facts,  that  will  aid  you 
in  estimating  the  true  value  of  these  estates  to  the  city 
of  Boston,  as  the  chief  features  of  interest  in  the  great 
Franklin  Park. 

These  valuable  lands  came  into  my  possession  more 
than  thirty  years  ago,  and  have  been  held  subject  to  the 
loss  of  interest  and  the  payment  of  taxes  all  these  years, 
amid  the  depressions  and  changes  in  business,  knowing 
that  their  beauty  would  sometime  be  appreciated,  and 
that  a  colon}'  of  elegant  residences  would  cover  the 
slopes  and  the  plains  of  these  lovely  estates,  thereby 
reimbursing  me  for  patiently  waiting. 

The  outlooks  from  the  elevations  and  terraces  are  ex- 
tremely charming,  and  the  drainage  perfect,  so  that 
health  would  be  likely  to  reign  in  every  home.  The 
undulating  surface  of  these  lands,  embracing  wooded 
hills,  grassy  slopes  and  charming  fields,  together  with 
their  natural  rural  beaut}7,  renders  this  property  most 
attractive. 

Monteglade  and  Ravenswood  Park,  together  with  the 


WEST   ROXBURY    PARK.  G9 

adjacent  property,  constituted  my  future  expectations  of 
a  fortune  in  them.  They  are  indeed  a  delightful  park 
in  themselves. 

To  part  with  these  lands  is  like  taking  the  very  r  apple 
of  my  eye."  And  even  at  the  figures  rendered  to  the 
commissioners,  or  city  government,  being  18  3-4  cents, 
25  cents  and  35  cents  per  square  foot,  I  should  heartily 
rejoice  if  these  valuable  estates  could  be  let  alone,  for  I 
am  sadly  unwilling  to  part  with  them,  except  in  house 
lots.  If,  however,  the  city  must  have  them  for  the  com- 
pletion of  the  park  proportions,  as  well  as  for  their 
picturesque  beauty,  then  let  the  citizens  of  Boston  pay 
fairty  and  equitably  for  them,  and  not  permit  the  long- 
waiting  owners  to  be  wronged  for  their  luxurious  in- 
dulgence. I  claim  the  right  to  make  prices  for  my  own 
property.  The  buyer  can  not,  in  justice,  make  prices 
for  the  owner,  especially  by  first  making  undervalua- 
tions. An  unmerciful  exercise  of  the  right  of  eminent 
domain  becomes  a  prodigious  wrong  to  a  few,  for  the 
benefit  of  the  many,  and  all  for  luxury. 

Glenroad  was  laid  out  more  than  thirty  years  ago, 
forty  feet  wide,  and  substantially  built,  with  two  or  three 
feet  of  stone  for  its  foundation,  and  a  culvert  running 
through  it,  covered,  and  nicely  crowned  with  gravel. 
It  was  thus  kept  constantly  in  order:  $135  was  paid  at 
one  time  for  repairs.  The  sidewalks  are  six  feet  wide 
on  both  sides,  and  handsome  elms  were  set  out  on  its 
borders.  It  is  1345  feet  long  on  the  premises,  and  the 
same  width  of  land,  753  feet  long,  was  bought  of 
George  Wm.  Bond  at  that  time,  (1853)  to  extend  the 
road  from  my  western  boundary  to  Forest  Hill  street, 
in  order  to  gain  a  direct  communication  to  Jamaica 


70  HISTORY    OF    THE 


Plain  station,  on  the  Providence  Railroad.  This  station 
is  about  six  minutes'  walk  from  Monteglade.  Ravens- 
wood  Park  Circular  Road  was  constructed  at  the  same 
time,  the  width  being  38  feet  at  the  entrance,  and  32 
feet  at  the  circle;  elm  trees  line  the  wayside.  They 
were  both  expensive  roads. 

The  Hon.  Geo  C.  Richardson  and  Mr.  Bond  have 
since  built  Sigourney  and  Robeson  streets,  intersecting 
with  Glenroad,  Walnut  avenue  and  Forest  Hill  streets, 
which,  having  brought  their  lands  into  the  market,  ad- 
joining mine,  they  have  already  sold  several  lots  at  25, 
30  and  35  cents  per  foot;  higher  prices  are  now  asked, 
and  on  Forest  Hill  street  sales  are  made  at  37  1-2  cents. 
My  land  is  elevated  and  of  greater  value. 

There  are  valuable  ledges  on  this  property;  the  nat- 
ural faces  are  admirably  adapted  for  the  construction  of 
elegant  mansions,  while  the  blocks  and  broken  fragments 
would  be  suitable  for  foundations,  culverts,  and  road- 
ways. These  materials  will  be  wanted  and  when  they 
are  taken  away  and  the  grounds  levelled,  the  land  will 
still  be  valuable  for  houselots. 

The  steam  cars  run  on  the  Providence  railroad,  at 
short  intervals,  more  than  fifty  times  a  day  each  wa}T 
(time  from  Boston  thirteen  minutes),  stopping  at  Green 
street  station.  The  Metropolitan  horse  railroad,  on 
Washington  street,  runs  its  cars  every  fifteen  minutes, 
which  is  only  four  minutes'  walk  from  Monteglade  (fare 
five  cents),  so  the  accommodations  are  frequent  and 
ample. 

This  property  was  surveyed  and  cut  up  into  twenty- 
two  house  lots,  by  Alex.  Wadsworth,  in  1853.  There 
are  ten  lots  on  the  eastern  side  of  Glenroad  and  twelve 


WEST   ROXBtTRY   PARK.  71 

lots  on  the  western  side.  The  road  is  private  property, 
it  never  having  been  conveyed  to  town  or  city.  The 
lots  on  Walnut  avenue,  Glenroad  and  Ravenswood 
Park  are  finely  located  and  are  worth  50  cents  a  fool. 
The  frontage  of  this  property  on  the  several  streets  is 
very  large,  being  5814  1-2  feet,  and  eveiy  lot  is  pleas- 
antly accessible. 

The  property  on  the  eastern  side  of  Walnut  avenue, 
called  Newstead,  being  Lot  ~No.  17  on  the  park  plan, 
has  also  been  held  more  than  thirty  years,  waiting  for 
the  growth  of  population,  which  now  has  almost  reached 
it;  these  being  the  first  lands  to  come  into  the  market 
for  dwellings.  An  enterprising  city  like  Boston  must 
have  room  to  spread  itself  out,  and  no  adjacent  lands 
are  more  beautiful,  being  a  natural  ridge  or  knoll,  over- 
looking the  low  lands  in  the  vicinity  and  the  long  stretch 
of  valley  intervening  to  the  Milton  hills,  having  a  fine, 
sunny,  southern  aspect. 

This  estate,  containing  476,300  feet,  was  taxed  in 
1874  on  $42,900;  it  was  sold  in  1872,  fourteen  years 
ago,  for  18  3-4  cents  a  foot,  $89,317.50;  the  price  then 
demanded  was  22  1-2  cents.  The  assessors  commenced 
running  the  valuation  down,  till  in  1881,  it  was  taxed 
on  $28,600.  Then  one  of  the  commissioners  asked  me 
if  I  would  take  the  25  per  cent,  additional,  or  $35,750, 
but  I  declined,  believing  it  to  be  worth  a  great  deal 
more.  Two  years  later,  May  25th,  1883,  the  assessors 
ajrain  cut  down  the  valuation  to  the  incredible  sum  of 
$18,600,  and  then  informed  me  that  they  had  seized  it ; 
to  which  I  cried  out,  "Robbery!  Robbery!" 

The  object  of  this  summary  treatment  was,  I  suppose, 
to  make  the  meagre  appropriation  of  $600,000  cover  the 


72  HISTORY   OF   THE 


purchasing  or  the  condemning  of  all  these  park  lands, 
then  366.80  acres,  worth  more  than  $2,000,000.  These 
facts  have  become  matters  of  history,  and  I  shall  feel  it 
my  duty  to  place  them  on  record. 

By  request  of  an  agent  of  the  city  government,  I  re- 
luctantly bonded  this  property  in  October,  1879,  to  run 
till  January  1st,  1880,  for  $80,000.  After  the  time  had 
expired,  the  commissioners  again  put  the  screws  on  to 
the  poor  owners  of  land  within  the  park  area,  and  many 
of  them  were  obliged  to  submit  rather  than  to  spend 
money  in  court  to  secure  their  just  rights. 

During  all  these  years,  from  the  inception  of  the  park 
project,  nothing  could  be  done  with  my  lands  by  way  of 
farther  improvements  or  by  selling,  because  they  were 
already  irrevocably  doomed;  meantime  I  was  held 
strictly  accountable  to  the  city  for  the  payment  of  my 
annual  tax  bills,  paying  into  the  city  treasury  more  than 
$20,000,  while  at  the  same  time  I  was  losing  the  interest 
on  this  valuable  property,  as  it  was  then  beyond  my 
control.     Such  is  the  fact. 

The  Ashler  stone,  lying  upon  the  lawn,  was  taken 
from  a  large,  elegant  mansion  house,  built  by  George 
Bond,  the  elder,  on  Winthrop  square.  It  was  consid- 
ered very  handsomely  hammered  stone.  It  was  bought 
entire  and  teamed  out  there  at  a  great  expense,  for  the 
erection  of  one  or  more  elegant  structures. 

I  have  felt  a  deep  interest  in  the  park  project,  and 
was  one  of  the  earliest  movers  to  secure  a  public  park 
for  the  citizens,  spending  time  and  money  to  accomj^lish 
the  object,  not,  however,  suspecting  that  I  might  be 
fleeced  by  advocating  the  enterprise. 

Daring  the  winter  of  1873  and  1874,  I  obtained  the 


WEST    ROXBURY    PARK.  73 

plans  (27)  of  all  the  lands  embraced  within  the  bounds 
of  Seaver  street,  Bine  Hill  avenue,  Canterbury,  Morton, 
Scarborough  and  Walnut  avenue,  containing  366.80 
acres;  and  these  divers  plans  were  made  into  one  by 
William  A.  Garbctt,  civil  engineer,  at  my  expense;  it 
is  dated  April  9th,  1874.  This  was  the  first  plan  made, 
and  it  was  then  submitted  to  some  of  our  well  known 
merchants,  with  a  full  description  of  the  property,  and 
it  met  their  warm  and  earnest  approval. 

As  soon  as  the  park  commissioners  were  appointed, 
in  1875,  the  plan  and  the  letter  were  both  sent  to  them, 
and  became  the  germ  of  the  park  movement;  the  out- 
lines being  adopted  by  the  commissioners,  as  there 
suggested  and  described,  and  the  park  project  was 
secured  in  earnest.  This  original  plan  has  recently 
been  returned  to  me  at  my  request,  and  it  now  hangs 
on  the  walls  of  the  Sawyer  Free  Library  in  Gloucester, 
as  a  memorial  of  the  West  Roxbury  Park. 

These  366.80  acres  were  assessed  at  that  time  on 
about  $1,200,000,  but  were  afterwards  gradually  cut 
down  to  $532,000,  in  order  to  accommodate  the  purse 
of  the  city  treasurer,  certainly  a  very  great  reduction  in 
valuation,  while  the  population  and  wealth  of  Boston 
were  yearly  increasing;  the  increase  in  Ward  23  being 
26  per  cent.,  against  only  6  per  cent,  in  the  city  proper. 

In  obtaining  a  luxurious  park  for  the  citizens  of  Bos- 
ton, many  private  individuals  have  been  sacrificed;  one 
whom  I  well  know  was  reduced  from  comparative  com- 
fort to  almost  dependence.  He  was  an  old,  worthy 
merchant,  doing  business  here  nearly  fort}T  years. 
Was  it  right? 

I    am    sure    your   scientific    landscape  gardner,  Mr. 


74  HISTORY    OF    THE 


Olmstead,  will  tell  you  that  Monteglade  is  absolutely 
indispensable  to  the  beauty  and  perfection  of  Franklin 
Park.  Then  why  not  compensate  me  accordingly? 
Gems  and  precious  stones  are  not  common;  there  are 
enough  low  and  miry  bogs  anywhere,  which  you  can 
almost  get  by  asking;  these  lands  are  elevated,  and 
beautiful,  and  the  railroad,  facilities  enhance  their  real 
value. 

As  soon  as  Mr.  Bond  offered  his  property,  untram- 
meled  by  park  doom,  he  readily  sold  several  of  the  lots 
on  Sigourney  street  at  his  own  prices. 

I  now  rest  in  the  hope  that  your  board  will  at  once 
make  me  a  proposition  that  I  can  accept,  and  save  the 
wear  of  litigation,  Avhile  I  remain 

Cordially  yours, 

Samuel  E.  Sawyer. 

Boston,  May  31,  1886. 
Hon.  Benjamin  Dean, 

Chairman  Park  Commissioners: 

My  Dear  Sir:  —  On  leaving  you  at  our  last  interview, 
you  facetiously  remarked,  "You  are  equal  to  the  strain," 
which  has  rung  in  my  ears  ever  since  this  final  effort  to 
make  a  settlement  of  my  claims  against  the  city,  which 
availed  nothing.  But  why  force  me  to  part  with  4ny 
charming  estates  so  much  against  my  will,  and  then 
subject  me  to  this  great  "strain,"  a  court  ordeal? 

The  magnitude  of  my  several  claims  aggregated  was 
the  real  bugbear  that  prevented  the  settlement,  creating 
in  your  mind  the  terror  of  criticism ;  the  fear  of  doing 
justice  to  me  by  paying  an  equitable  price  for  my  valu- 


WEST    IIOXP.URY    PARK.  7.) 


able  property.  I  grant  that  the  amount  as  a  whole 
looked  formidable,  and  so  docs  the  handling  of  every 
large  thing,  but  when  the  thing  can  be  so  easily  divided, 
and  a  value  set  upon  each  part,  the  claims  are  at  once 
simplified. 

Now  I  am  to  be  dragged  through  a  court  of  law, 
with  all  its  perplexities  and  discomforts,  simply  to  ex- 
tract justice  from  the  right  of  doing  wrong;  hoping  that 
if  my  life  and  health  are  spared,  the  proceeds  of  this 
suit  may  do  others  some  good. 

The  exercise  of  the  right  of  eminent  domain  may  in 
some  cases  be  an  absolute  necessity,  as  the  location  of  a 
railroad,  a  site  for  a  state  house,  city  hall,  court  house, 
or  other  public  buildings;  but  in  my  case,  I  am  sacri- 
ficed to  indulge  the  citizens  of  a  great  municipality  in  a 
luxury.  In  all  cases  of  legal  seizure,  the  owners  of  the 
land  should  be  treated  fairly  at  least,  if  not  liberally, 
and  especially  if  the  property  is  endeared  to  them,  as 
mine  is  to  me,  for  these  estates  arc  the  real  gems  of  all 
the  park  grounds,  and  their  beauty  cannot  be  excelled 
in  the  vicinity  of  Boston. 

But  when  the  property  is  ruthlessly  taken  and  the 
taker  has  the  power  of  making  his  own  prices,  regard- 
less of  the  owners'  private  rights,  with  a  craving,  unjust 
spirit,  then  the  right  of  eminent  domain  becomes  an 
egregious  wrong. 

Then  again,  why  should  this  arbitrary  power  to  seize 
subject  the  owner  forcibly  to  give  up  his  property,  at 
the  prices  of  a  bankrupt  sale,  assuming,  in  order  to  get 
the  property  for  a  song,  that  auction  prices  are  market 
values?     This  is  another  egregious  wrong. 


76  HISTORY    OF    THE 


Or,  why  should  I  be  obliged  to  part  with  my  lands  at 
the  speculators'  prices,  such  as  he  or  they  could  make 
money  on,  and  I  be  deprived  of  them?  Am  I  not  as 
well  entitled  to  the  profits,  being  the  real  owner,  as 
he,  a  speculator? 

'Now,  if  I  am  not  reasonable  in  my  conclusions,  and 
fail  to  advance  honest  opinions,  then  condemn  me  and 
my  lands  too;  but  my  convictions  will  remain  the  same, 
believing  that  I  stand  upon  the  immutable  and  eternal 
laws  of  justice  and  right. 

Can  the  city  of  Boston,  which  you  so  ably  represent, 
afford  to  do  less  than  to  be  governed  by  the  same  great 
principles,  and  fully  authorize  her  officials  to  do  unto 
others  as  they  would  expect  others  to  do  unto  them? 
How  would  you  or  any  member  of  your  board  like  it 
if  you  were  forced  to  part  with  your  treasures  and  then 
be  subject  to  the  uncertainties  of  law  for  redress? 

Respectfully  and  cordially  yours, 

Samuel  E.  Sawyer. 

To  show  the  indignation  and  sense  of  wrong  felt  by 
another  member  of  the  same  family  in  regard  to  their 
unjust  treatment,  I  have  taken  the  liberty  to  subjoin  a 
letter  written  by  a  son  of  one  of  the  oldest  and  most 
prominent  families  in  Boston. 


WEST    ROXBURY    PARK.  77 

Boston,  Juno  1,  188(3. 
Samuel  E.  Sawyer,  Esq.,  Tremont  House, 

Dear  Sir  : — This  morning  I  find  at  my  oilice  your 
paper  containing  extracts  of  your  communication  of 
April  23d,  1880,  to  the  park  commissioners  of  this  city, 
and  relating  to  the  taking  of  your  estates  for  park  pur- 
poses. I  read  the  paper  with  much  interest  and  with 
more  indignation,  and  feel  that  I  can  sympathize  fully 
with  you  in  this  matter,  by  reason  of  my  own  family 
being  fellow  sufferers  with  yourself. 

Let  me  say  that  if  ever  the  true  history  of  the  taking 
of  these  private  estates  for  the  West  Roxbury  Park 
(now  Franklin)  is  ever  written,  it  ought  to  bring  the 
blush  of  shame  to  the  cheeks  of  those  persons  instru- 
mental in  perpetrating  on  private  citizens  such  a  griev- 
ous wrong  and  injustice.  "West  Robbery  Park,"  my 
father  calls  it,  and  well  he  may,  for  he  have  a  deep  and 
abiding  conviction  that  he  and  his  family  has  been 
robbed  of  hundreds  of  thousands  of  dollars.  He  once 
received  and  declined  an  offer  of  $400,000  for  our  old 
family  homestead,  now  within  the  park  limits.  This 
was  in  the  year  1871  or  1872, 1  think.  He  subsequently 
saw  the  estate  included  within  the  proposed  park  area, 
its  valuation  by  the  assessors  reduced  from  over  $200,- 
000  to  less  than  $70,000;  its  subjection  for  long  years 
to  a  slow  and  wearisome,  dooming  process,  and  the 
estate  finally  wrung  at  a  price  vastly  below  its  real 
value,  from  a  Bank  President  mortgagee,  by  the  late 
Board  of  Park  Commissioners.  He  saw  himself  thus 
deprived  of  a  greatly  needed  surplus;  and  to  cap  the 
climax  a  betterment  tax  of  nearly  $800  laid  upon  a  sin- 


78  HISTOEY    OF    THE 


gle  half  acre  of  adjoining  orchard   remaining  in  the 
family.     Can  the  irony  of  injustice  go  further? 

It  was  the  pride  of  the  English  law  that  under  it  the 
rights  of  the  individual  subject  were  so  sacred  that  not 
even  the  sovereign  could  invade  them  with  impunity. 
It  has  been  the  pride  of  our  form  of  government  that 
this  heritage  from  the  law  of  the  mother  country  is  de- 
veloped, and  rendered  more  secure  in  our  freer  institu- 
tions. The  freedom  of  the  individual  citizen,  thesacred- 
ness  of  his  person  and  property,  lie  at  the  foundation  of 
a  constitutional  government  by  the  people. 

We  have  been  taught  these  fundamental  truths  from 
our  childhood.  The  unfortunate  and  victimized  owners 
of  West  Roxbury  Park  lands  surely  had  the  right  to 
suppose  that  their  public  officials  would  not  disregard 
them.  The  result  has  shown  the  incorrectness  of  that 
supposition. 

In  my  judgment,  a  most  pernicious  precedent  has  been 
established;  one  fraught  with  evil  for  the  future,  and 
which  may  yet  return  to  plague  and  torment  its  authors. 

Wishing  you  the  fullest  measure  of  success  in  your 
endeavor  to  partially  rectify  the  injustice  and  injury  in- 
flicted upon  yourself  and  your  property,  I  am 
Very  truly  yours, 

Horace  B.  Saegent,  Je. 

The  following  adaptation  on  Bruce's  Address  to  his 
Army,  was  written  on  the  spur  of  the  moment,  while 
filled  with  the  impulse  of  righteous  indignation,  and  is 
given  here,  not  for  its  merits  as  a  literary  production, 
but  as  a  part  of  the  history  of  the  case: 


WEST    ROXBUJtY    PARK.  7!) 


The  West  lioxbury  Parle. 

Now  "Franklin  Park,  —  a  misnomer.     Dr.  Franklin  would  have 
"  scorned  the  compliment." 

(Parody  on  Brucc's  Address  to  his  Army.) 

Sons  who  lived  on  freedom's  soil, 
Sons  whose  lives  were  spent  in  toil, 
Ye  who  let  your  lands  despoil, 

Awake !  defend  your  rights. 
Ye  whose  hopes  were  in  yonr  lands, 
Ye  whose  pluck  all  power  withstands, 
Come  and  join  resisting  bands; 

In  justice  God  delights. 

Come  one,  come  all,  who  felt  the  power 
That  seized  our  lands!     Oh  cruel  hour 
That  wrenched  by  force  the  widow's  dower 

And  dealt  a  heavy  blow. 
These  public  rights  to  our  domain 
Cannot  excuse  unrighteous  gain, 
Nor  clutch  our  lands  so  fraught  with  pain ; 

One  moiety  they  bestow. 

Our  lands  they  seized  —  shame  on  the  crew 
That  dashed  our  hopes  without  ado, 
And  smote  the  owners  with  their  cue; 

We'll  fight  them  tooth  and  nail. 
By  all  oppression's  woes  and  pains, 
By  pleading  owners'  galling  chains, 
We  will  just  drain  our  dearest  veins, 

These  wrongs  we  will  assail. 


80  HISTORY    OF    THE 


Our  hearts  rebel  —  our  blood  runs  high, 
Courage  my  boys,  let  us  defy 
Their  craving  spirit.     Live  or  die 

We  will  our  rights  defend. 
Now  lay  the  rich  usurpers  low, 
They're  smarting  now  by  every  blow ; 
Just  show  our  grit  where  e'er  we  go, 

Till  vict'ry  crowns  the  end. 

West  Roxhury  (now  Franikliri)  Parle. 

The  following  letter  was  addressed  to  an  old  friend, 
regretting  the  necessity  of  calling  him  upon  the  stand, 
but  showing  him  the  importance,  in  every  community 
where  differences  sometimes  exist,  of  calling  witnesses 
who  do  know  the  merits  of  cases  in  dispute. 

Boston,  June  7,  1886. 

My  Dear  Sir :  —  There  are  critical  times,  —  anxious 
moments  in  our  lives, —  when  we  feel  it  absolutely  nec- 
essary to  lean  upon  our  good  friends  for  support  and 
protection  against  wrong  and  imposition,  and  I  am  un- 
fortunately in  a  position  just  now  to  be  subjected  to  a 
gross  and  unscrupulous  wrong. 

The  exercise  of  the  arbitrary  power  called  the  right 
of  eminent  domain  has  deprived  me  of  my  valuable  es- 
tates, sorely  against  my  will,  and  I  am  forced  to  appeal 
to  the  courts — to  the  uncertainties  of  a  suit  at  law,  for 
redress,  and  at  present  it  seems  to  me  the  chances  of 
obtaining  justice  bear  only  a  feeble  outlook. 

You  well  know  about  the  recent  unjust  verdict  ren- 
dered in  the  "Peters  case,"  and  how  necessary  it  is  for 


WEST    KOXBU11Y    PARK.  81 

me  to  guard  myself  tit  every  point  by  good,  intelligent, 
competent  witnesses,   in   order   to   protect   my  sacred 

rights.  This  unrighteous  verdict,  just  rendered  in  our 
Superior  Court,  has  properly  awakened  our  best  citizens 
to  the  importance  of  solving  the  cause  of  this  mysteri- 
ous decision,  that  the  saeredness  and  dignity  of  our 
tribunals  of  justice  shall  not  be  allowed  to  sink  into  ob- 
loquy and  ridicule,  for  "law  and  evidenee"  no  longer 
rule  the  jury,  but  some  evil  genius  is  permitted  to  bloek 
the  wheels  of  justice.  I  shall  therefore  protest  emphat- 
ically against  having  my  claims  against  the  City  of 
Boston  presented  and  tried  by  this  same  jury,  preferring 
to  submit  to  one  clean  out-and-out  robbery ! 

I  ask  no  testimony  from  you,  nor  anybody  else,  that 
cannot  be  conscientiously  and  cheerfully  offered  as  a 
witness,  nor  would  I  call  upon  you  to  do  this  unpleas- 
ant service  if  I  could  possibly  do  without  your  valued 
evidence,  knowing  as  you  do  the  absolute  sales,  and  the 
value  of  my  lands,  as  well  as  that  of  the  surrounding 
property.  The  question  arises,  Why,  if  sueh  an  aet  of 
barefaced  injustice  can  by  any  possibility  be  repeated 
in  our  courts,  prompt  and  decided  action  should  not 
be  taken  to  change  our  system  of  jury  trials  to  some- 
thing better? 

Are  our  average  jurymen  capable  of  determining  the 
true  values  of  large  estates?  or  any  other  claims  involv- 
ing more  than  the  sums  of  five  or  ten  thousand  dollars? 
Why  not  have  large  claims,  in  justice  to  both  parties  in 
interest,  always  settled  by  three  competent,  intelligent 
referees,  or  even  one  good  judge? 

In  the  case  of  Peters  vs.  city  of  Boston,  the  weight 
of  evidence  was  given  in  favor  of  16  to  23  cents  per  foot, 


82  HISTORY    OF    THE 


which  evidence  was  entirely  ignored  and  disregarded  in 
making  up  the  verdict,  which  being  so  clearly  against 
the  testimony  given,  should  have  been  set  aside  at  once 
and  a  new  trial  granted. 

If  it  was  the  result  of  ignorance  or  obstinacy,  our 
good  citizen  should  not  be  so  wronged  by  submitting 
to  it,  which  view  of  the  case  I  find  pointedly  confirmed 
in  the  Saturday  Evening  Gazette,  as  the  following  ex- 
tracts will  show: 

Injustice. 

To  the  Editors  of  the  Gazette:  —  The  verdict  of  the 
jury  in  the  suit  of  Francis  A.  Peters  against  the  city  of 
Boston,  for  damages  caused  to  his  estate  on  Forest  Hill 
street  by  the  taking  of  a  portion  of  his  land  by  the  park 
commissioners,  was  a  great  surprise  to  all  who  listened 
to  the  evidence,  the  City  Solicitor  himself  included. 

Seldom  has  such  an  array  of  land-owners,  improvers, 
and  occupants  of  estates  in  the  immediate  vicinity,  be- 
side the  most  competent  and  experienced  experts,  testi- 
fied in  any  case;  and  though  the  petitioner's  claim  was 
most  thoroughly  presented  and  ably  argued  to  the  jury 
by  Messrs.  Richard  Olney  and  Sigourney  Butler,  the 
result  of  the  trial  and  the  small  verdict  rendered  can 
only  be  accounted  for  on  the  ground  that  the  average 
juryman  considers  land  adapted  to  the  raising  of  pota- 
toes, strawberries  and  garden  sauce,  as  of  higher  value 
than  land  whose  natural  beauty  consists  of  hill,  dale, 
rocks  and  trees,  many  of  which  are  the  handsome  result 
of  a  century's  growth. 

Fortunately  for  the  great  public,  who   are  to  enjoy 


WEST   KOXBURY   PAHK.  83 


Franklin  Park,  the  commissioners  did  appreciate  the 
great  natural  beauty  of  the  land  for  park  purposes,  and 
so,  notwithstanding  the  owner's  earnest  protest,  and  to 
his  great  regret,  seized  the  land  under  the  right  of 
eminent  domain,  and  Mr.  Peters  is,  as  is  too  often  the 
case  in  lands  thus  taken,  a  sufferer,  and  all 

Pko  Bono  Publico. 

"The  auction  sale  on  Friday  at  the  Williams  estate, 
of  lots  of  land  on  Humboldt  avenue  and  Crawford  street, 
at  prices  from  18  to  32  1-2  cents  per  foot,  must  lead  our 
former  park  commissioners  to  think  that  they  under- 
valued desirable  land  which  they  seized  for  the  Frank- 
lin Park,  and  must  naturally  affect  the  values  of  the 
numerous  cases  now  pending  in  our  courts." 

Glenroad  ravine,  the  most  important  gateway  to  the 
great  Franklin  Park,  is  noted  for  its  pieturescrue  beauty. 
It  was  constructed  substantially,  at  great  cost,  thirty 
odd  years  ago,  but  always  remained  a  private  way, 
never  having  been  conveyed  to  town  or  city.  The 
neighbors  and  others  have  long  enjoyed  its  benefits  with 
the  slight  exception  of  three  days  and  nights'  blockad- 
ing to  protect  my  interests  according  to  the  require- 
ments of  law.  Its  construction  served  to  open  and 
make  available  contiguous  land,  without  cost  to  the 
owner,  by  which  several  sales  have  been  made  at  fair 
prices,  say  25  and  35  cents  a  loot. 

When  the  citizens  of  Boston  drive  over  the  Park 
roads  or  ramble  through  the  pathways,  lounging  in  the 
shade  of  the  lovely  forest,  they  may  have  occasion  to 
feel  a  sting  of  conscience  that  these  charming  estates 
were  wrung  from  the  gwners  at  bankrupt  prices,  by  the 


84  HISTORY    OF    THE 


cooperative  branches  of  the  city  government,  leaving 
some  of  the  owners  in  a  state  of  dependence. 
Cordially  your  friend, 

Samuel  E.  Sawyer. 

Pertinent  to  the  foregoing,  I  here  copy  a  newspaper 
article  directly  to  the  point,  dated  August  2,  1886, 
headed  "Jury  Reform:" 

"  Chicago  has  just  found  that  getting  a  jury  from  the 
promiscuous  drawing  from  a  voting  list  is  a  farce, 
and  all  her  trade  and  manufacturers'  associations  have 
united  in  an  appeal  for  reform.  Massachusetts  has 
found  that  her  system  of  letting  selectmen  and  alder- 
men set  up  a  list  to  be  drawn  from,  is  a  mistake,  in  that 
in  most  cases  men  are  called  to  pass  judgment  upon 
things  they  have  never  had  the  least  conception  of. 
If  a  commission  could  be  secured  which  would  call 
jurymen  for  specific  cases,  who  might  be  supposed  to 
be  somewhat  acquainted  with  the  general  character  of 
the  issue,  greater  satisfaction  would  follow  jury  de- 
cisions. 

A  case  in  point  was  that  of  a  suit  in  our  State  Court 
last  month,  when  the  plaintiff  sued  for  the  value  of  an 
estate  held  at  $500,000,  which  the  defendant  adjudged 
worth  much  less. 

]STone  of  the  jury  who  arbitrated  had  ever  been  in  the 
business  on  their  own  account;  only  two  owned  houses, 
and  not  one  of  them  had  ever  had  an  income  of  over 
$2,500  a  year. 

Putting  such  vast  sums  into  the  hands  of  men  inex- 
perienced in  affairs  of  finance  and  estate  was  evidently 


WEST    ROXBURY    PARK.  85 

a  mistake,  for  the  verdict  was  substantially  a  com- 
promise, a  splitting  of  the  difference. 

The  manufacturer  sued  for  the  use  of  mechanism  that 
he  believes  does  not  infringe  another's  rights,  gets  poor 
encouragement  when  he  faces  a  jury  of  hod  carriers, 
dry  goods  clerks,  teamsters,  idlers  and  numbsculls.  He 
ought  to  have  twelve  men  versed  in  mechanics  to  settle 
the  dispute,  or  as  near  such  a  list  of  qualified  auditors 
as  the  country  would  afford.  So,  too,  the  banks,  the 
brokers  and  merchants  ought  to  have  a  jury  who  would 
be  considered  in  the  open  market  at  least  fairly  com- 
petent to  weigh  the  evidence. 

It  were  time  we  cut  loose  from  the  ways  of  the  Pil- 
grims in  this  conduct  of  our  business,  and  adopt  a  sys- 
tem conforming  to  the  progress  and  advance  of  the 
people.  Intelligent  jurymen  will  save  a  waste  of  words 
and  eloquence,  expedite  business  and  facilitate  justice." 

I  must  apologize  for  the  apparent  but  unavoidable 
repetitions  that  occur  in  this  narrative,  on  account  of 
so  many  letters,  delineating  this  case  of  litigation,  where 
the  attainment  of  luxury,  and  not  utility,  was  the  chief 
object  to  be  gained.  But  I  must  still  crave  pardon  of 
the  reader  while  I  summarize  some  of  my  experiences. 

Nearly  six  months  of  constant  labors  and  perplexing 
thoughts  brought  us  down  to  the  17th  day  of  May, 
when  I  had  the  last  hopeless  interview  with  the  chair- 
man of  the  park  commissioners.  Many  suggestions  were 
offered,  and  among  them  I  requested  that  three  compe- 
tent referees  be  appointed,  but  on  the  12th  of  June  the 
city  solicitor  reported  to  my  counsel  that  the  commis- 
sioners would  not  consent  to  a  reference,  preferring,  it  is 


86  HISTORY    OF    THE 


presumed,  to  keep  the  case  within  their  own  control.  It 
is  alleged  that  one  of  the  commissioners  offered  a  bet 
that  my  property  would  not  bring  over  eight  cents  a 
foot  in  court,  —  a  shady  inference  that  might  be  subject 
to  a  bad  construction,  —  no  doubt  u  the  wish  was  father 
to  that  thought." 

On  the  20th  day  of  May,  one  of  my  old  and  most  ex- 
cellent friends,  Hon.  George  C.  Richardson,  passed 
away,  mourned  and  regretted  by  a  long  list  of  our  best 
citizens.  He  was  to  have  been  one  of  the  chief  witnesses 
in  my  suit,  as  he  owned  lands  near  by,  or  next  to  mine, 
consequently  he  would  have  given  valuable  testimoity. 
On  the  morning  of  his  death,  I  called  at  his  office  and 
was  shocked  to  learn  that  he  was  dead. 

After  repeated  delays  and  reappointments,  made  by 
the  opposing  counsel,  we  at  last  succeeded  in  bringing 
our  suit  into  the  First  Session  of  the  Superior  Court, 
Chief  Justice  Lincoln  F.  Brigham  being  the  presiding 
judge  to  hear  our  cause,  a  most  admirable  and  conscien- 
tious judge,  worthy  his  high  and  responsible  station. 

On  Thursday  morning,  the  17th  day  of  June,  our 
case  came  up  and  after  empanneling  the  jury  they  were 
at  once  taken  out  to  Montcglade  and  ISTewstead,  now 
within  the  West  Roxbury  Park  lines,  accompanied  by 
the  city  solicitor  and  my  counsel,  to  view  the  premises. 

Next  morning  the  trial  was  resumed  in  court  and 
seventeen  witnesses  were  sworn  and  examined  for  the 
plaintiff.  At  four  o'clock  the  court  adjourned  till  Mon- 
day morning,  the  21st,  when  six  more  witnesses  on  the 
plaintiff's  side  testified  to  the  value  of  the  land;  their 
united  evidence  averaging  over  18  cents  a  foot  for  all  of 
both  estates.     This  ended  our  testimony. 


WEST    KOXBURY    PARK.  87 


Then  the  city  solicitor,  the  opposing  counsel,  opened 
his  case  for  the  city  and  offered  seven  witnesses,  whose 
rebutting  testimony  averaged  only  5  cents  a  Cool,  thus 
reducing  the  average  on  both  sides;  a  most  extraor- 
dinary difference  in  the  evidence  given.  Surely  there 
was  no  "boodle"  in  my  case.  I  am  not  disposed  to  re- 
flect disparagingly  upon  the  testimony  offered  by  the 
opposing  counsel,  but  would  simply  recall  to  the  mem- 
ory of  those  who  were  present  at  the  trial  the  remarka- 
ble evidence  offered  by  two  or  three,  at  least,  of  these 
witnesses,  called  hy  the  city.  One  of  them  affirmed  that 
my  property  was  worth  only  2  1-2  to  3  1-2  cents  a  foot, 
another  that  3  1-2  to  4  1-2  cents  a  foot  was  all  it  was 
worth,  etc.,  while  the  evidence  presented  b}r  the  months 
of  man}7  other  witnesses  showed  that  the  land  just  over 
the  division  line,  lower,  and  of  much  less  value,  had 
been  sold  in  several  instances  at  from  25  to  35  cents  a 
foot.  These  were  not  experts,  nor  were  the}^  cit}T  offi- 
cials, but  were  so  interwoven  in  the  meshes  of  the  great 
machine,  whose  workings,  or  modus  operandi,  are  so 
mysterious  that  they  are  past  finding  out.  It  is  suffi- 
cient to  say  that  the  aggregate  of  all  the  prices  testified 
to  on  both  sides,  notwithstanding  the  damaging  evi- 
dence, as  above  offered  by  the  city,  was  449,  which 
divided  by  the  whole  30  witnesses,  averaged  15  cents  a 
foot,  or  $300,000,  without  reckoning  the  interest,  or  say 
$350,000  with  interest.  The  first  sum  is  $07,761.15 
more  than  the  verdict  rendered,  which  was  $232,238.85. 

On  Tuesday,  the  22d,  the  last  witness  having  been 
called  in  the  case,  the  first  argument  was  made  by  Hon. 
Robert  M.  Morse,  Jr.,  my  senior  counsel,  closing  at 
11.30  A.  M.,  when  the  city  solicitor,  A.  J.  Bailey,  Esq., 


88  HISTORY   OF    THE 


commenced  his  argument,  which  we  all  admitted  was 
forcible  enough  to  save  any  city  from  imposition. 

At  12.30,  Chief  Justice  Brigham  made  an  able  and 
impartial  charge  to  the  jury,  which  certainly  ought  to 
have  enlightened  their  minds,  at  least,  and  directed 
aright  their  convictions ;  but  the  pith  of  the  evidence 
was  far  from  them,  or  in  other  words,  the  average  testi- 
mony, which  should  have  been  their  chart  and  compass, 
was  ignored  and  entirely  disregarded. 

Monteglade-Ravenswood  claim,  $413,486.00 
Verdict,  43  1-2  per  cent.,  179,838.75 

Difference, $233,647.25 

Newstead  claim,  $89,317.50 

Verdict,  58  5-8  per  cent.,  52,399.60 

Difference,  $36,917.90 


Total  difference  (loss),  $270,565.15 

Monteglade  verdict,  12  1-2  cts.,  $179,838.75 

(Instead  of  25  and  35  cts.) 

Newstead  verdict,  11  cts.,  52,399.60 

(Instead  of  18  3-4  cts.) 

Total  amount, $232,238.35 


The  amount  of  three  claims  was  $502,803.50 

Some  of  Judge  Brigham's  rulings  were  excepted  to  by 
the  City  Solicitor,  one  of  them  being  the  rate  of  interest 
to  be  added  to  the  finding  of  values,  from  the  dates  of 
the  two  takings,  to  which  the  judge  replied,  "I  shall 
rule  that  the  interest  must  be  made  up  to  to-day  (June 
22)  at  the  legal  rate  of  6  per  cent,  per  annum.  There 
were  some  other  invalid  exceptions  taken,  which  I  will 
not  here  repeat.     The  jury  then  retired,  but  on  the  ad- 


WEST    ROXBURY    PARK.  80 

journment  of  the  court  they  hart  not  returned.  On 
Wednesday  morning,  the  23d,  the  jury  brought  in  their 

verdict,  which  was  announced  by  the  foreman,  as  $232- 
238.85,  with  interest  added,  making  the  whole  sum  $265,- 
091.97,  which  disappointed  my  expectations,  based  upon 
intelligent  evidence. 

Still  the  city  persistently  blocked  the  settlement  b}r 
petitioning  for  a  stay  in  arrest  of  judgment  and  filed  a 
bill  of  exceptions,  meaning  thereby,  if  possible,  to  grind 
out  of  me  another  slice  of  my  just  claims.  Such  a  course 
was  reprehensible  and  unworthy  the  name  and  fame  of 
old  Boston. 

Thus  harrowed  we  got  a  hearing  before  Judge  Brig- 
ham  on  the  30th  of  October  on  the  exceptions  filed  bj" 
Solicitor  Bailey,  which  were  mere  technicalities,  but 
my  counsel,  Messrs.  Morse  and  Story,  finally  agreed 
under  the  judge's  order,  to  send  them  up,  in  part,  to  the 
Supreme  Court,  and  here  the  case  rests. 

Sometime  after  the  trial  was  over,  the  verdict  rend- 
ered, and  the  exceptions  filed  to  block  the  ends  of 
"justice  and  mercy,"  I  wrote  the  following  pointed  letter 
to  the  Park  Commissioners : 

The  Rigid  of  Eminent  Domain   and   the   Wrong  of 

Jury  Trials. 

North  American  Ins.  Co.  Office, ) 
Boston,  July  26,  1886.  j 

Messrs.  Benjamin  Dean, 
Patrick  Maguire, 
John  F.  Andrew, 

Park  Commissioners. 

Gentlemen:  —  Tf  all  the  claimants  against  the  city  of 


90  HISTORY    OP    THE 

Boston  have  to  undergo  the  same  unmerciful  treatment 
that  I  have  experienced,  by  being  the  possessor  of  lands 
wanted  by  the  city  for  park  purposes,  they  are  to  be 
pitied  as  fellow  victims. 

The  story  of  my  annoyances,  the  oppressions  en- 
dured, I  will  try  briefly  and  graphically  to  narrate,  show- 
ing something  of  the  thorny  road  I  have  been  obliged 
to  travel  in  seeking  partial  justice  from  the  city  govern- 
ment. In  the  first  place,  my  charming  estates,  of  very 
great  value  to  me,  presently  and  prospectively,  are  sum- 
marily seized  without  my  consent,  under  the  guise  of 
eminent  domain,  a  gross  wrong  in  its  inception,  and  in 
its  unjust  finality,  sacrificing  me,  my  expectations  and 
my  fortune,  for  the  public  indulgence,  and  personal 
gratification. 

The  act  of  seizing  my  property  for  this  purpose  was 
an  unscrupulous  one,  not  rising  even  to  the  pretension 
of  a  public  necessity.  Nor  do  I  believe  that  the  framers 
of  this  odious,  unjust  and  arbitrary  law,  giving  the  right 
to  take  private  property  for  public,  and  especially  for 
luxurious  uses,  ever  contemplated  that  lands  so  taken 
unwillingly  from  the  owner,  should  subject  him  to  the 
grinding  process  now  imposed  by  the  city  of  Boston. 

You  must  bear  in  mind  that  these  lovely  estates  were 
not  wrenched  from  me  as  a  public  necessity,  for  the  site 
of  a  public  building,  or  the  location  of  a  railroad  for  the 
greater  convenience  of  the  citizens  and  the  public,  but 
absolutely  torn  from  me  for  luxury,  and  then  stinting  to 
the  last  strain  the  compensation. 

Finding  that  there  was  no  alternative  but  to  part 
with  my  estates,  the  very  thought  of  which  became  such 
a  sore  trial,  I  endeavored  by  every  means  in  my  power 


WEST   ROXBTTRY    PARK.  01 

to  effect  «i  settlement  with  the  commissioners,  and  to 
save  being  dragged  into  the  courts  for  redress.  Willi 
this  hope  I  delayed  entering  my  ease  upon  the  docket, 
unwisely  believing  that  justice  would  ultimately  he  done 
by  the  city  government.  Doomed  by  disappointment,  I 
was  at  last  forced  to  commence  a  suit  against  the  city, 
presenting  nry  several  claims  at  one  time. 

After  many  months  of  labor,  tedious  and  perplexing, 
I  at  length  brought  together  more  than  thirty  highly 
respectable  and  thoroughly  competent  experts  and  oth- 
er witnesses,  who  had  either  lived  in  that  neighborhood 
or  had  owned,  bought  or  sold  lands  there,  and  knew 
well  their  value. 

The  testimony  of  twenty- three  of  these  excellent  wit- 
nesses gave  valuations  of  the  several  estates,  averaging 
for  Newstead,  17  1-4  cents  a  foot,  and  for  Monteglade 
and  Ravenswood  Park  18  1-2  cents,  together  averaging 
about  18  cents  a  foot  or  $360,000,  without  the  interest. 
More  reliable  witnesses  I  am  sure  were  never  offered  in 
court. 

After  closing  our  evidence,  the  city  solicitor  opened 
and  continued  the  case  by  the  introduction  of  seven  or 
eight  witnesses,  most  of  whom  knew  nothing  of  the 
value  of  lands  in  that  vicinity,  never  having  lived, 
bought  or  sold  real  estate  there,  confessing  on  the  stand 
their  ignorance  of  values;  }^et  three  of  them  testiiied 
that  my  estates  were  only  worth  3  1-2  to  4  1-2  cents, 
and  one  of  them  dropped  as  low  as  2  1-2  cents  a  foot; 
shameful  statements  which  should  have  been  dishonored 
on  the  spot.  The  testimony  of  worthy  men  informed 
them  that  less  desirable  property  had  been  sold  just  on 
the  other  side  of  the  stone  wall,  dividing  my  property 


92  HISTORY    OF    THE 


from  George  Wm.  Bond's,  at  25  to  35  cents.  Such 
witnesses  as  those  who  gave  the  low  figures  must  have 
been  under  strange  influences,  and  if  the  land  had  be- 
longed to  them  instead  of  me,  25  or  30  cents  a  foot 
would  have  been  too  cheap  for  it,  the  difference  being 
in  valuing  other  people's  property. 

Thus  my  cause  was  severely  handicapped,  while  I 
was  powerless  in  my  efforts  to  obtain  simple  justice 
tempered  with  mercy.  Still  the  average  of  all  the  tes- 
timony presented  was  15  cents  a  foot,  3  cents  more  than 
the  values  given  in  the  verdict,  or  $60,000. 

In  combating  the  law  department  of  the  city  govern- 
ment, I  had  to  contend  against  the  board  of  park  com- 
missioners also,  with  whom  I  had  so  often  tried  to  set- 
tle my  claims,  out  of  court,  certainly  an  uneven  and 
unfair  struggle  for  my  private  rights.  I  have  now  had 
convincing  evidence  that  in  going  to  the  courts,  with 
such  powerful  odds  against  me,  became  a  iarce,  present- 
ing my  equitable  claims  under  the  greatest  disad- 
vantages. 

You  know  how  earnestly  I  tried  to  have  my  claims 
presented  to  and  adjusted  by  the  honest  judgment  of 
three  intelligent  and  competent  referees,  capable  of 
measuring  the  true  value  of  estates  of  such  magnitude, 
or  to  submit  my  claims  to  the  good  judgment  of  even 
one  of  our  justices,  an  offer  that  was  fair  and  safe 
for  either  party,  but  my  reasonable  proposition  would 
not  do;  the  motive  of  such  unwillingness  I  can  not 
comprehend;  to  me  it  was  a  n^sterious  problem. 

I  am  neither  a  bankrupt  nor  an  anxious  seller  of  real 
estate,  but  simply  an  innocent  owner  of  valuable  lands, 
that  I  do  not  wish  to  part  with  at  present,  consequently 


WEST    ROXBURY    FARE.  93 

I  hereby  offer  to  you  $50,000,  or  even  more,  to  release 
to  me  and  give  up  these  charming  (stales  to  my  own  use 
and  benefit,  for  they  will  surely  bring  twice  the  amount 
of  the  verdict,  as  soon  as  the  tide  of  population  which 
is  near  at  hand,  reaches  them.  The  location  of  these 
lands,  being  so  near  the  steam  and  horse  car  facilities, 
renders  them  most  desirable  for  elegant  homes,  but  my 
hopes  are  sacrificed  before  I  can  get  the  benefit  of  the 
advancing  demand. 

Ignorant  of  the  principles  governing  a  court  of  law, 
and  the  administration  of  justice  by  jury  trials,  I  had 
the  temerity  to  believe  that  the  guards  placed  around  our 
tribunals  were  ample  for  the  security  of  avavy  private 
citizen  in  his  equitable  rights,  but  when  a  jury  is  em- 
panelled, knowing  but  little  or  nothing  of  the  value  of 
real  estate  in  a  neighborhood,  and  perhaps  incompetent 
to  estimate  the  true  value  of  large  estates,  and  who  go 
upon  the  premises  for  one  single  view,  it  would  seem  to 
be  impossible  for  them  to  render  a  reliable  judgment  of 
the  real  value  of  the  properties  they  are  chosen  to  ad- 
judicate; and  yet  we  are  subject  to  the  uncertainties  of 
such  jury  trials.  Our  remedy  is  by  adopting  the  prac- 
tice of  appointing  referees. 

Moreover,  as  an  illustration  in  my  case,  the  jury  did 
not  render  their  verdict  according  to  the  old  rule  of 
"law  and  evidence,"  but  entirely  ignoring  the  testi- 
mony of  excellent  witnesses,  they  rendered  their  verdict 
on  the  basis  of  11  cents  a   foot  for  JNewstead,  against 

17  1-1  cents,  and  for  Monteglade  12  1-2  cents  against 

18  3-4  cents.  The  average  of  all  the  testimony  on  both 
sides  was  about  15  cents,  or  3  cents  more  than  the  ver- 
dict, taking  $60,000  out  of  me. 


94  HISTORY    OF    THE 


If  the  jurymen  are  governed  by  the  rule  of  equity, 
their  decisions  are  easily  made,  because  the  average  of 
all  the  evidence  offered  settles  for  them  the  amount  of 
.the  verdict,  in  most  cases;  but  the  chances  of  obtaining 
justice,  when  law  and  evidence  is  not  the  rule,  becomes 
doubtful. 

13y  the  strict  definition  or  interpretation  of  the  law 
governing  jury  trials,  I  read  the  law  thus:  "A  jury 
is  required  to  try  any  matter  of  fact  and  declare  the 
truth  on  the  evidence  given  them  in  the  case,  according 
to  the  average  testimony  offered."  This  being  the  rule 
and  the  law,  it  becomes  a  plain  and  simple  duty  so  to 
act,  and  nothing  more  can  be  required  of  them. 

It  does,  however,  seem  to  me  that  different  causes  re- 
quiring the  experiences  of  different  business  trans- 
actions ought  to  be  considered  in  empanelling  a  jury, 
to  secure  practical  judgment. 

After  the  labors,  anxieties  and  annoyances  running 
through  several  months  in  the  preparation  of  my  case 
for  trial,  the  tedious  court  experiences  and  large  ex- 
penses, a  very  unsatisfactory  verdict  is  finally  arrived 
at,  it  being  $150,000  less  than  I  had  a  right  to  expect, 
which  in  a  word  was  at  least  $400,000;  still  the  dis- 
agreeable recollection  of  the  suit  comes  up,  and  weari- 
ness not  willingness  leads  me  to  accept  the  unrighteous 
verdict,  rather  than  suffer  another  such  ordeal;  not 
doubting  that  the  city  government  would  rejoice  over 
their  victory,  and  render  to  me  speedy  judgment,  but 
instead  of  that  they  petition  for  a  stay  in  arrest  of  judg- 
ment and  file  a  bill  of  exceptions,  simply  to  delay  and 
block  the  wheels  of  justice,  and  thus  to  annoy  and  per- 
plex, intending  to  wear  out  my  patience ;  but  they  will 


WEST    ROXBUKY    PARK.  95 


be  mistaken,  for  I  shall  never  consent  to  the  reduction 
of  one  dollar  from  the  face  of  the  verdict,  nor  abate  one- 
cent  from  the  interest. 

Now,  if  your  commission,  representing  the  city  gov- 
ernment, did  not  intend  to  abide  by  the  verdict  rendered 
in  my  case,  why  did  they  have  the  hardihood  to  force 
me  to  all  the  discomforts  of  the  suit  In  court?  They 
have  acquired  no  such  privilege  over  me.  Surely  I 
have  done  nothing  in  the  progress  of  the  trial  to  gain 
undue  advantage,  which  I  might  have  been  justified  in 
doing  if  I  had  been  keenly  alive  to  such  methods,  but 
all  my  witnesses  were  of  the  highest  respectability, 
capable,  conscientious  and  judicious,  besides  being  tax- 
payers. Is  it  therefore  honorable,  on  the  part  of  either 
department  of  the  city  government,  first  to  force  me 
under  the  harrows  and  then  to  do  their  utmost  to  keep 
me  there? 

Your  plea  for  trying  to  set  aside  the  verdict  and  pe- 
tition for  a  new  trial  seems  to  be  based  upon  the  fact 
that  Ncwstead  was  entered  with  other  claims  against 
the  city,  it  having  been  seized  the  year  before,  and  no 
action  filed.  What  could  be  more  natural  when  other 
and  larger  claims  were  pending?  No  claim  of  mine  is 
stronger  or  more  legitimate. 

Do  the  park  commissioners  owe  me  for  Newstead  or 
not?  Does  the  city  government,  or  any  of  its  officials, 
desire  to  rob  me  of  this  property,  or  take  advantage  of 
a  weak  and  dishonest  technicality  of  law  and  thus  de- 
prive me  of  47(3,360  feet  of  land  at  18  3-4  cents,  or 
$89,317.50  when  they  also  owe  me  for  other  large 
claims? 

The  jury  has  now   rendered  their  valuation  for  this 


96  HISTORY    OF    THE 

property  in  their  verdict  at  11  cents  a  foot,  which  is  an 
extremely  low  one,  you  may  rest  assured  that  I  shall 
never  take  any  less. 

If  the  citizens  of  Boston  crave  my  charming  estates 
for  their  aesthetic  indulgence,  without  paying  for  them, 
you  will  pardon  me  if  I  should  respectfully  decline,  pre- 
ferring greatly  to  be  my  own  almoner,  and  to  bestow 
my  charities  where  they  are  deserved,  and  where  they 
would  be  better  appreciated. 

You  can  not  expect  me  to  part  with  this  property  at 
one-fifth  of  the  real  value,  when  contiguous  lands  or 
others  similarly  situated  could  not  be  bought  to  replace 
mine  at  five  times  the  value  placed  upon  them  by  some 
of  your  witnesses,  even  if  such  could  be  found,  nor  have 
I  the  power  to  seize  desirable  lands  under  that  odious 
right  of  eminent  domain,  a  pretext  for  doing  very  great 
injustice  to  the  owners  of  real  property. 

The  long  strip  of  land  with  a  short  frontage  on  Blue 
Hill  avenue,  which  you  settled  for  at  9  or  10  cents  a 
foot,  will  not  compare  in  value  to  the  charming  ridge 
of  land  called  ISTewstead,  nor  is  it  worth  one-half  as 
much  for  building  purposes. 

Many  other  lots  that  were  seized  and  paid  for  at 
forced  bankrupt  prices,  are  low  boggy  sloughs,  only  fit 
for  the  raising  of  cabbages  and  other  farm  produce; 
besides  being  a  long  distance  from  railroad  facilities, 
while  my  estates  are  all  conveniently  situated  and  ad- 
mirably adapted  for  the  building  of  elegant  mansions. 

Auction  sales  or  bankrupt  prices  are  no  criterion  for 
the  values  of  my  estates,  knowing  as  I  do  that,  if  the 
city  would  let  my  private  property  alone,  I  feel  sure  of 
realizing  the  full  amounts  of  my  several  claims,  as  ren- 


WEST    HOXRURY   PARK.  !»7 


dered  against  the  city  being  more  than  $500,000,  for 
nothing  can  be  more  certain  than  that  these  picturesque 
and  lovely  estates  will  soon  be  wanted  for  the  country 
homes  of  our  citizens. 

If  I  had  made  an  effort  to  improve  these  lands  and 
offered  the  lots  for  sale,  many  of  them  on  Glenroad,  Ra- 
venswood  Park  and  "Walnut  avenue  would  have  been 
sold  long  ago  at  50  cents  a  foot,  for  there  are  no  lands 
so  attractive  for  fine  dwellings  within  four  miles  of  the 
city,  nor  so  available.  You  well  know  how  to  appreci- 
ate the  beauties  of  Monteglade  and  Ravenswood,  for 
nothing  can  be  more  charming;  and  besides,  the  pecu- 
liar location,  relative  to  the  other  park  lands  renders 
this  property,  especially,  indispensable  to  the  form  and 
perfection,  and  in  fact  it  is  to  be  the  grand  entrance  to 
the  great  Franklin  Park. 

Did  it  ever  occur  to  the  commissioners,  past  and 
present,  that  that  grand  old  man,  Dr.  Franklin,  would 
not,  if  here,  have  considered  it  any  compliment  to  have 
his  name  adopted  for  the  park? 

Shall  I  enumerate  the  names  of  those  owners  who 
have  suffered  by  the  exercise  of  this  unrighteous  power? 
No;  but  I  will  speak  of  the  treatment  dealt  out  to  one 
of  Boston's  old  and  worthy  merchants,  who  for  over 
forty  years  did  a  large  business,  and  paid  his  taxes  in 
this  city.  He  was  interested  in  a  valuable  and  promi- 
nent lot  of  land,  condemned  by  the  park  commissioners 
and,  after  many  earnest  and  repeated  efforts  to  make  a 
fair  settlement,  he,  also,  was  dragged  into  court  and 
finally  obtained  a  verdict  of  more  than  double  the 
amount  offered  b}T  them,  even  after  the  very  damaging 
testimony  presented  by  the  citjr  against  him ;  and  sup- 


98  HISTORY    OF    THE 

posing  that  his  arduous  labors  would  thus  be  ended,  he 
accepted  the  result  of  the  trial  in  great  disappointment, 
and  expected  immediate  payment.  But  the  same  cruel 
action  was  continued,  until  the  old  gentleman's  spirits 
were  broken,  and  his  patience  as  well  as  his  pockets 
were  exhausted.  He  was  finally  forced  by  threats  of 
another  trial,  (which  his  health  would  not  permit)  to 
deduct  many  thousands  of  dollars  from  the  verdict, 
(which  was  seventy-five  thousand  dollars  too  small,) 
before  he  could  collect  his  money  from  the  city.  He 
had  always  looked  upon  this  real  property  as  his  onry, 
or  chief  safeguard  against  poverty  in  his  old  age.  But 
the  over-bearing,  grinding  process  of  the  city  govern- 
ment has  thrown  him  upon  the  charity  of  his  friends. 

The  above  statement  represents  only  one  of  the  ex- 
amples of  the  unmerciful  treatment  exercised  over  the 
owners  of  lauds  doomed,  within  the  park  area,  which 
ought  to  be  condemned  by  every  good  citizen  who  loves 
the  name  of  Boston. 

To  save  complications,  and  the  time  and  labor  of 
calling  together  another  class  of  expert  witnesses,  I 
made  no  claim  extra  in  my  suits  for  the  valuable  ledges 
on  the  premises,  which  your  superintendent  of  streets 
knows  how  much  to  value ;  he  having  negotiated  not 
long  ago  for  such  property  at  prices  aggregating 
many  thousands  of  dollars . 

In  considering  the  cost  and  value  of  my  several 
estates,  we  should  not  lose  sight  of  one  very  important 
fact,  not  presented  in  court,  to  wit:  That  the  accumu- 
lated interest  and  the  taxes  on  my  properties,  (these  two 
items  of  outla}7)  amount  to  more  than  $200,000  since 
1876,  ten  years  ago,  when  all  this  property  was  virtually 


WEST   ROXBURY   PARK.  09 

doomed  by  the  commissioners.  And  after  the  fiat  had 
gone  forth  that  all  these  lands  would  be  seized  by  them, 
nothing  could  be  done  to  improve  these  lands  advan- 
tageously by  preparing  them  for  salej  as  no  sane  man 
would  be  fool  enough  to  buy  and  erect  a  home  on  land 
sure  to  be  condemned  by  the  city.  Yet  I  paid  my  taxes 
annually  during  all  these  years. 

I  ask  no  favor  of  the  park  commissioners,  the  city 
government,  nor  the  board  of  assessors,  except  one,  and 
that  is  simply  to  let  my  lands  alone. 

Respectfully  and  cordially  yours, 

Samuel  E.  Sawyer. 

P.  S.  Aug.  2,  1886.  The  property  of  the  late  Geo. 
C.  Richardson  on  Forest  Hill,  Robes- on  and  Sigourney 
streets,  14  lots,  has  been  sold  at  auction  (out  of  season) 
at  prices  averaging  18  cents  a  foot,  and  the  Williams 
estate  was  also  sold  at  auction  by  L.  Foster  Morse  at 
prices  ranging  from  18  to  10  cents. 

The  remaining  land  on  Sigourney  street,  which  be- 
longed to  Geo.  Win.  and  W.  S.  Bond  was  sold  to  the 
city  at  28  cents  a  foot.  This  is  the  next  lot  to  mine 
divided  only  by  a  stone  wall,  but  lower  land.  This 
sIioavs  that  real  estate  is  in  fair  demand. 

Copy  of  a  letter  written  to  the  park  commissioners, 
which  speaks  for  itself,  and  shows  how  I  regard  the 
value  of  the  property  taken  from  me. 


100  HISTORY    OF    THE 


Tremont  House,        1 
Boston,  Dec.  29,  1886.  f 


'7 

Messrs.  Benjamin  Dean 


i 


Patrick  Maguike, 
John  F.  Andreav, 

Park  Commissioners. 
Gentlemen:  —  ~Now  that  you  (representing  the  city 
of  Boston)  have  obtained  legal  possession  and  control 
of  my  estates,  which  I  regard  as  of  great  picturesque 
beauty  and  value,  the  loss  of  which  having  become  such 
a  trial  to  me,  I  thought  it  best  to  make,  through  your 
commission,  to  the  city  of  Boston,  a  bona  fide  offer  for 
these  estates.  To  wit:  For  Newstead,  12  1-2  cents  a 
foot;  Monteglade,  16  1-2  cents,  or  nearly  $65,000 more 
than  the  verdict,  in  order  to  regain  legal  possession  and 
control  of  them. 

This  downright  offer  will  convince  you  how  much  I 
regret  to  have  rny  property  wrenched  from  me  against 
my  will  for  luxurious  purposes,  and  how  severely  I  con- 
demn the  exercise  of  that  arbitrary  power,  the  right  of 
eminent  domain,  that  authorized  the  seizure  when  the 
property  had  been  undervalued. 

Resistance  being  useless,  I  therefore  try  this  method 
to  recover  the  legal  title  to  my  estates;  and  as  the  city 
treasury  is  now  laboring  under  a  heavy  weight  of  debt, 
in  the  face  of  a  restricted  right  of  borrowing,  limited  to 
only  2  per  cent,  on  the  tax  valuation,  and  as  the  city 
can  not  afford  the  luxury  of  expensive  parks  for  its  citi- 
zens, I  presume  you  will  be  glad  to  accept  at  once  this 
generous  proposition,  and  thus  reduce  your  obligations. 
Respectfully  yours, 

Samuel  E.  Sawyer. 


WEST    JROXBURY   PARK.  101 


As  it  will  be  of  interest  to  know  how  the  court  re- 
gards certain  points  in  evidence,  I  will  here  copy,  ver- 
batim, Judge  Brigham's  charge  to  the  jury,  on  testi- 
mony of  values,  as  follows:  "The  prices  which  the  city 
of  Boston  may  have  paid  for  any  land  in  the  park  does 
not  furnish  appropriate  or  pertinent  evidence  of  the 
value  of  the  land  of  the  petitioner  taken.  The  law  does 
not  regard  sales  made  to  avoid  the  very  proceeding 
which  has  been  going  on  before  you,  as  current  market 
sales.  A  sale  by  the  owner  of  land,  for  which  there  can 
be  one  purchaser  only,  when  he  has  no  option  to  refuse 
to  sell,  and  can  only  elect  between  an  acceptance  of  the 
price  offered  and  the  uncertainty,  delay  and  trouble  of 
legal  proceedings,  is  not  a  reasonable  or  fair  test  of 
market  value.  It  is  in  no  sense  a  sale  in  the  market.'' 
To  which  instruction  the  city  solicitor  excepted. 

On  the  17th  of  March  the  two  important  points  were 
argued  before  the  Supreme  Court.  On  the  bench  were 
Judges  Morton,  Allen,  Devens,  and  Holmes.  Mr. 
Storey's  argument  was  on  the  stay  and  arrest  of  judg- 
ment. By  the  city  solicitor,  on  the  j:>lea  that  Newstead 
was  barred  b}T  limitation,  consequently  out  of  the  juris- 
diction of  the  court.  Mr.  Morse's  argument  was  on  the 
exceptions.  When  they  had  finished,  Mr.  Bailey  made 
his  plea  on  both  and  all  points,  in  which,  by  his  usual 
effective  and  methodical  way,  he  drove  his  arguments 
lustily  into  the  ears  of  the  court,  which  Was  apparently 
unmoved  by  his  eloquence. 

And  here  the  case  rested  for  some  months,  awaiting 
the  uncertainties  of  the  law  and  for  the  decision  of  the 
court  and  final  rescript.     Meantime  no  mercy  can  be 


102  HISTORY    OF    THE 


expected  from  the  city  of  Boston,  as  I  have  endeavored 
to  show  by  the  foregoing  pages  of  this  narrative;  but 
on  the  other  hand,  the  city  government  has  done  all 
that  it  possibly  could,  to  block  the  way  of  settlement. 
After  seizing  my  estates,  I  have  been  dragged  into 
court;  unaccountable  and  unjust  testimony  was  given 
against  intelligent  and  judicious  experts,  and  finally  the 
verdict  was  rendered;  the  result  being  about  16  1-4 
per  cent,  of  my  claims,  or  about  $250,000  less  than  I 
would  have  accepted  for  this  property,  at  private  sale. 

After  the  testimony  had  been  admitted  on  both  sides, 
as  to  the  value  per  foot  of  the  New  stead  land,  without 
any  objections  being  raised  at  the  outset,  and  as  the  jury 
was  about  to  retire,  the  question  was  raised  by  the 
city  solicitor  about  the  rate  of  interest,  on  the  declara- 
tion of  the  verdict.  He  then  for  the  first  time  raised  the 
point  of  jurisdiction,  and  requested  that  the  Newstead 
estate  be  thrown  out  of  the  verdict;  but  as  the  record 
did  not  show  any  reason  for  such  a  proceeding,  the 
Supreme  Court  sustained  the  verdict  as  will  be  seen  by 
the  rescript,  sent  down  May  9th,  1887.     To  wit: 


Samuel  E.  Sawyer  vs.  City  oe  Boston. 

Petition  for  the  assessment  by  a  jury  of  the  damages 
to  the  petitioner,  by  the  taking  of  land  by  the  board  of 
park  commissioners.  The  case  was  tried  in  the  Superi- 
or Court,  and  the  jury  returned  a  verdict  for  the  peti- 
tioner in  the  sum  of  $265,091.97  and  the  respondent 
alleged  exceptions  to  the  rulings  of  the  court.  The  ex- 
ceptions have  now  been  overruled,  the  rescript  being  as 
follows :  The  court  is  not  shown  to  have  misused  its 
discretion    in    admitting   or   rejecting   evidence.      The 


WEST    HOXRURY    PARK.  103 


record  does  not  disclose  that  the  petition  was  not  filed 
"within  the  statutory  time."  Roherl  M.  Morse,  Jr.  and 
Moorfield  Storey  for  the  petitioner  and  A.  J.Bailey  and 
R.  W.  Nason  for  respondent. 

Tims  ends  this  important  ease  in  litigation,  —  one  of 
the  most  important  in  regard  to  the  magnitude  of  the 
several  claims,  that  has  recently  been  tried  in  our 
courts,  the  amount  involved  being  over  iive  hundred 
thousand  dollars. 

The  legal  expenses  were  fully  commensurate,  being 
nearly  twenty  thousand  dollars,  besides  the  extraordi- 
nary labors  of  the  plaintiff. 


'•'•Let  there  be  gall  enough  in  thy  ink,  though 
thou  write  with  a  goosc--pcn,  no  matter." 

— Shaksjyeare,  Twelfth  Night. 


FINIS. 


DATE  DUE 

UNIVERSIT 

Y  PRODIM 

DTS,  INC. 

#859-5503 

